SCHOOL LAA^ 






\ (, n o 



OF 



W 



1 



PASSED 



APRI L 12, 1873 




CHARLESTON^: 
Henry 8. Walker, Public Printer. 
1873. 



V 



L4Z/^^<^ I 






OF 



EST VIRGIN 



PASSED 



APRIL 12, 1873. 





CHARLESTON: 

Henry S, Walker, Public Printer. 

1873. 



CHx\PTER CXXIII, ACTS OF 1872-3. 

AN ACT to amend and re-enact tlie school law of 

the state. 

Passed April 12, 1873. 

Be it enacted by the Legislature of West Yirginia : 

1. That for the purpose of free schools the several p,,^^^,^ „^ ^^^^^_^. 
(lounties of the state shall be divided into school dis-uelSedintr" 

^ flistricis and sub- 

tricts and sub-districts. Until changed, as herein- '''^''■''^"'^- 

f>, 'tijI i !• ii'i-i Townships and dis- 

aiter provided, the townships and districts, as iiow^'ctsasnowar- 

A ' i ' ranged to constitute 

arranged, shall constitute the districts and sub-dis-and''snb-distS 



, • 1 ft 1 1 until otherv/ise pro- 

tricts, respectively, of the several counties. '''''*"^- 

2. Each county shall be under the control of a Each county con- 

, •j.lj. ii*j_*jTTii -I trolled by county 

county superintendent; each district shall be under superintendent; 

•^ J- ' each district by 

the control of a board of education ; and each sub- and eici'suMis-" 

... ^ ^ tnct by a trustee, 

district under the control of one trustee. The same 

person shall not be eligible to more than one of these SiJIl'^itlametitnl* 

offices at the same time. The board of education "^'"'i"^^'^"''^"®"- 

shall consist of a president and two commissioners. 

An election for these officers shall be held at the Ejection for omcws, 

where and when 

school house of each sub-district, from nine o'clock ^'*'^''' 

in the morning till six p. m. of the second Friday of 

August, 1873, and every two years thereafter. It 

shall be the duty of the board of education of each ""''"" ''''''^'""• 

district to give at least three weeks' notice of this 

election by causing the same to be posted at each of 

the places at which a poll is to be taken, and at such 

other places as they may think necessary. If there 

is more than one school-house in a sub-district, said if more than one 

election shall be held at the one most convenient to '^isi^'^*;^ Tfl',!,'"'' ^ 

the voters of such sub-district, to be desio-nated by 

the board of education having control over the same. 



election helii, 



4 School Law. [Ch. 123. 

Poll books. Poll-books ?liall be prepared by the county superin- 

tendent, and delivered to the trustees of the several 
school houses at which elections are to be held. At 

wboquaitiedas tlils elcctiou tlic i^ersous qualified to vote for mem- 

electors. 

bers of the state legislature shall be the electors. A 
ei"ec!fon'fhow'"fnd^ ludo-e aud a clerk of such election (neither of Vv'lioni 

-vvlieu ctioseii. »» o \ 

shall be eligible to any of the offices to be filled by 
such election) shall be chosen by those present 
at the place of votiiig at the time of opening the 
judga to preside at polls for tho Same. The person thus chosen as 
judge shall preside at said election ; in case of a 
?el,how'dlS. tie in the vote for trustee, he shall give the casting- 
certificate of eicc- vote and deliver a certificate of his election to the 

uon, 

person receiving the highest number of votes for this 
office, sio;ned by himself and clerk. Within ten <lavs 

Offlcial records of ' "^ ^^ ^ _ 

whoma.\d\o''whom aftcr tho lioldiug of said election, he shall also forward 

returned. i»ii i»i • r>i* 

to the secretary ot the board ot education oi ins 

district, the full official records of the election as held 

by hiji for all the officers specified in this section. 

sucnlcord""; when Tlic board of cducatiou for each district shall assemble 

and by whom made .-, ^ i\ r ^ ej_ 'iii' t 

on the second Monday alter said election, and a ma- 
jority of the same being present, shall open and ex- 
amine the election records of the several sub-districts. 
certificaies of eieo- Thov sliall asccrtaiii therefrom who has received the 

lion ot officers of ^J 

district board^of j^Tgest uuiTiber of votes for the several officers of the 
district board of education, and a'ive certificates of 



education : 
whom made. 



fe' 



their election to the persons entitled thereto. They 
Sum of the votes sliall also ascertalu the sum of the votes cast in the 

cast tor connty 

wS"a\'c"rfaine'f scveral sub-districts, of their district, for the person 

and to whom re- , . 

p*^"^^- or. persons voted lor as county superintendent, and 

within five days report the same to the clerk of the 
Election of county countv court. It shall be the duty of the clerk of 

superintendent ; by J «- 



superi 

whom ascertained 



rn^°?erTiued!'and tlie couuty court to ascertain from these reports the 

lo whom reported. '' 

person who has received the largest number of votes 
for the office of county superintendent, and to give to 
him a certificate of his election, and report his name, 
by letter, to the state superintendent of free schools. 
Tie vote r«r mem- ShouUl thcre bc a tie in the vote for the members of 

bers ot board of 

deciX'd?" ' '^""'' the board of education, the county superintendent 



Ch. 123.] School Law. 

shall give the casting vote ; and in case two or more 
persons shall receive an equal, and the highest num- 
ber of votes for the office of county superintendent, 
the presidents of the district boards of education in Tie vote for coumy 
the county shall, at a meeting called for that purpose i^ow decided. 
by the clerk of the county court, of which there shall 
be due notice, choose by vote one of such persons 
for comity superintendent. The ballots used at this ''^^^"^*s*°''^i'=°"°"- 
election shall have written or printed upon them the 
names of all persons voted for, and the office for which 
each is preferred. The same ballots shall also have ^ 
written or printed upon them, " for power to levy,'' wh^t"o"contarnf^' 
or " against power to levy," as the voter may choose. /^ 
If a majority of the ballots given in the district shall 
have written or printed upon them, "for power to 
levy," it shall be construed as conferring upon the ^"''"'°"^"""^'^' 
board of education the authority of the jieople to make 
the annual levies required in the thirty-eighth and ^ 
fortieth sections of this chapter, for each year during 
their term of office ; but if a majority of the ballots 
given in the district shall have written upon them 
"against power to levy," it shall be construed as with- 
holding from the board the authority of the people to 
make any levy ; and no levy shall be made for the 
school year next succeeding. But this i3rohibition 

,,,"',, ii n 1 ■ 1 Prohibition to make 

shall not extend longer than the one year, and it shall }on|'er man^'onT'^ 
be the duty of the board of education to hold a special ^'''''" 
election for the following year, on the day and date, feP^^^tvi^en'^and '"'''' 
and in the manner prescribed in this section, at which 
the question of levy or no levy shall be again sub- 
mitted to the people, and decided for that year as 
herein required. When such election is required to 

^ J Notice as to such 

be held, the clerk of the board of education shall o-ive '"''''^'°"" 
due notice thereof by posting the same at each of the 
places at which a poll is to be taken in the district. 

3. Any person who may be chosen judge of such for"tu^r'f c^plr- 
an election, who shall knowin^lv receive and count f-^^'^ecewing and 

' ~ •^ countinfj, linow- 

any illegal vote, or issue a certificate of election to Kr issH!ngT;°e^-''' 

. tific te to person 

any person not entitled thereto, or shall refuse tow°&c.""^'^**'"*^ 



/ 



6 School Law. [Ch. 123. 

isoue such certificate to any one duly elected, or who 
shall fail for ten days after such election, to report 
the name of the trustee thus elected, or to forward 
the oSiciai records of the election to the proper board 
of education ; or any person who snail with fraudulent 
iauuilt[!™de''' intent, mutilate or destroy the records of such election, 
Mio,ii.gn<or(s,< Cgi^.^ii i^g fined the sum of fifty dollars for every such 

offence, and be confined for twenty days in the county 
jail. 

cV'ira'steeiVow''"*' ^' ^^ ft'ODi failuro to qualify, or from any other 

tilled for uiiexpii-ed xi i • j_i xy» j? x j. 

j-^v^n. cause, there be a vacancy in the oflice ot trustee, or 

in the board of education, said board shall supply the 
same, by their appointment, and the person so ap- 
pointed shall hold his office for the unexpired term, 
and until his successor be elected and qualified ; or 
should there be no board, the county superintendent 
shall appoint the members thereof for the unexpired 
term. 

iSeln^com- ^ ^- Eacli trustce, and commissioner of the board of 
education, elected as provided in section second of 
this chapter, shall hold his office for the term of two 
years, commencing on the first day of September next 
after his election. 

I'irei, meeting of -/ 6. Tlio boai'ds of educatioii of tlio sovd'al distrlcts 

hiiards oieCucation. 

shall hold their first ineetino- for each school year on 



'» 



Du'.ies of board at 
first ine<' ting. 



the first Monday of September. At this meeting 
they shall determine the number of months the school 
shall be held in the district, the number of teachers 
tiiat may be employed in the several sub-districts 
and fix the salaries that shall be paid to the teachers. 

Salary of teacher to t i i • • li i • j_i i n i i 

he determined ao 1 n determinino; the salaries they shall have reo-ard 



■urdmg to grade of 
priificate. 



to the grade of teachers' certificates, fixing to each 
grade the salar}^ that shall be paid to teachers of said 
grade, in the several sub-districts, and the trustees 

1 nisiees not. CO ,^jt iii'j."jin' j. i 

transcend .alary f)t thc severai suD-districts shail in no case transcend 

i fixed. 

the salaries so fixed in any contract they may make 
rtoru;. o i.onrrt witli teachcrs. A quoL'iun of the board of educatioH 



Tnistees not to 



Oh. 123.] School Law. 7 

shall consist of a majority of the members thereof; 

and in the absence of the president, one of said mem- m the absence •* 

bers may act as such ; but they shall do no official "'^-^ ''''^• 

business except when assembled as a board, and by 

due notice to all the members. 

7. The board of education shall be a corporation Boa«uncorporatea. 
by the name of "the board of education of dis- 
trict of county,'* and as such may receive, hold, 

use and dispose of, according to the rules of law and co"rpomtfol"''^ 

the intent of the instrument conferring title, an}^ 

gift, grant, devise or bequest made for the use of any 

free school or schools under their jurisdiction ; and 

without any transfer or conveyance shall be deemed 

the owner of the real and personal property of their 

district, v/hich has been iawfuil}^ appropriated to the 

use of free schools. Process and notice may be^.^^p^,. ^.o,,. 

1 ,1 • -\ ,• -I -y ^• ' served on corpora' 

served on the said corporation by delivering a copy won. 
thereof to the secretary or any two members of the 
board. 

Secretar// of the board ; his duties and comjjensation. 

8. The board of education at their first meeting secretary o; board, 
after their election shall appoint a secretary, who 

shall attend all meetings of the board and record all u;,, a.uies. 
their official proceedings in a book kept for the pur- 
pose, and cause such record to be attested by his sig- 
nature and the signature of the president of the 
board ; which record shall at all seasonable times be 
open to the inspection of ary person interested 
therein ; he shall have the care of all papers belong- 
ing to the board containing evidence of title, con- 
tracts or obligations, or which are otherwise valua- 
ble, and preserve the same in his o't'ce properly 
arranged for reference; and shall record .and keep on 
file in his office such papers and documents as the 
board or law may direct. He shall keep such ac- 
counts and prepare and certif\^ such reports and 
writings ];: rtaining to the business of the board as 



8 School Law. [Ch. 123- 

the board or law may direct. He shall publish 

within three days after any meeting of the board of 

education an abstract of the proceedings thereof by 

posting the same at the front door of the place of 

His compensaiien ; meetins:. For liis services as secretary he shall re- 
how determined *-* _ " _ 

and paid. cclve sucli compeusation as the board may determine, 

not exceeding twenty-five dollars per year, to bo paid 
out of the building fund, by an order drawn by the 
county superintendent, when, after an examination of 
said secretary's books by the said county superin- 
secretary to make tendeut, thoy SiT'e found to be correct. But such 
fo"ertcefvhig''"' ordcr sliall not be drawn until the said secretary 

salary. ^ «' 

shall have made his annual report to the county 
superintendent as hereinafter x^rovided. 

9. The board of education shall have general con- 

B»ard to liaveger.- . . 

schoo?s'^^'"°^ °*' trol and supervision ot the srhools and school interests 

of their districts ; they may determine the number and 

May change bound- locatiou of tho schools to bo taught ; they may change 

and1nc?eastor"i-*^ the boundaries of their sub-districts, and increase and 

minish the number 

thereof. dimiulsh the number, thereof, having due regard for 

the school-houses already built, or sites procured, as- 
signing, if practicable, to each district not less than fifty 
youths between the ages of six and twenty-one years : 

village eonsistins Provldod, That oveiT villa2:e consistino- of fifty in- 

nf flfty inhabitants ' «^ '~ _ *- ^ 

oneU°b-disi.Mc" habitants or more, shall be included in one sub-dis- 
trict: and provided further, that no change in any 

When change ot ^ ' o »; 

«ub-mstricttotake gu^.^jistrict shall take etfect except immediately after 
the annual apportionment of the general school fund. 
iroyisioninregard Whcu sucli vlllage as Is mentioiied in this section is 
county^'inVsy dlvldcd by district or county lines, the said village 
shall be, included in the sub-district to be under the 
supervision of the board of education of the district 
to which the lara:est division of territory is attached. 



■»' 



Duly of board to 
have sch 
in everjM 
trict, &c. 



10. The board of education shall cause to be kept 
iifeviS^s'^Ss-^^ in every sub-district of their district, by a teacher or 
teachers of competent ability and good morals, a suffi- 
cient number of primary schools for the instruction of 
the persons entitled to attend the same, and should 



Ch. 123.] School Law. 9 

y 

^ the trustee of any sub-district neglect or fail to em if tmstee faiuo 
ploy a teacher tor his sub-district, upon complaint boardto do so. 
thereof it shall be the duty of the board of education 
to do so. The follo^vinsr persons, when^residinj]: in a who may attend 

■--^ -*- "^ such schools. 

sub-district, with intent to make such sub-district 
their home, shall have a right to attend and receive 
instruction at the primary schools thereof, that is to 
say : every youth between the ages of six and twenty- 
one years, shall have such right ; ^ and any person 
wishing to receive instruction at any free school in 
this state shall have a right to attend such school, and 
• the teacher or teachers there employed shall give in- whU'cases pkyawe. 
struction to such person the same as is required by 
law for other persons, upon the payment of tuition 
fees, and upon such other terms as the trustee of the 
sub-district may prescribe. Said tuition fees shall be when ancuy whom 
paid in advance into the district treasury, and placed ^''' 
to the credit of the teacher's fund of said district. 

Branches of leainilng to he taught. 

11. In the primary schools there shall be taught or- 



Bvaiiclies (it learn- 
ing to be taught. 



TrnstePB f.o be nn- 



thography, reading, penmanship, arithmetic, English 
grammar, history, geography, and such other branches 
as the board of education may direct. 

Powers and duties of trustees. 

12. The trustees shall be under the supervision and 
control of the board of education. Whenever it shall ■^eTcolTtroi. &c"%^ 

board of edjcatioii. 

happen that persons are so situated as to be better 
accommodated at the primary school of an adjoining 
sub-district, whether in the same or in an adjoining how and when 
district or countv, or whenever it may be necessary countyrdJstrict w 

'' " *' sub-district maybe 

to establish a school composed of pupils from parts of*"'""''^^'™*^.'*''- 
two sub-districts, whether in ihe same or in an adjoin- 
ing district or county, it shall be the duty of the 
trustees of the sub-districts interested, to transfer 
such persons, for school purposes, to the sub-district 
in which such school-house is or may be situated ;E„„,^j„^jiy^j,^, 
but the enumeration of youth shall be taken in each ^""""cii casL'.'"'*'" 



10 ' School Law. [Ch. 123. 

sub-district as if no transfer had been made, and the 
trustee of the sub-district in which the school is situ- 
ated shall have the manao-ement of such school ; and 

How such schorl B "-' 

supported. g^^^l^ schools, when so composed shall be supported 

from the funds of the district in which they are lo- 

Pfovfso. cated : Provided, That no district shall be required to 

receive without compensation such pupils for a longer 
time than that for which provision is made in the 
district from which they are transferred ; and the 

What trustee to trustoo of tlio sub-distrlct in which the school is situ- 

have management 

of «ucu school. ^^^^ ^Yinll have the management of such school. 

13. The trustee of every sub-district shall appoint 

Trustee of every • 

prl^t'tTach*»- the teachers for the schools under his charge, and 

KChools under his . . -, . r. ■ , l i 

miss mem!^ ""''"" diSRiiss them at any tmie tor incompetency, neglect 
of duty, intemperance, profanity, cruelty or immoral- 
ity. Such appointment shall be by contract in wri- 
ting, according to the form furnished by the state 

wh;>recontra.-t superintendent, wdiich contract shall be filed with the 
secretary of the board within one week after it is 
made. The trustee may exclude from such school 

When aail for what '^ 

mlThcfsus^ptnded auy porsou having a contagious or infectious disease. 

or exi^Rlled by ^ i i l y i • i i r- 

wimtee. pjg yj^ g y expel or suspend any sclioiar iound guilty ot 

disorderly, refractory, indecent or immoral conduct, 
and refuse to admit him until satisfied that he will 
thereafter properly conduct himself; but his action 

fo'iS ot^luca- in each particular shall be subject to the revision and 
correction of the board of education. 

14. The trustee shall visit every school under his 
charge within two weeks after the opening, and again 
within two weeks before the close thereof, and at such 
other times as in his opinion it may be useful to do 
so. During such visits he shall inspect the register 
of every teacher, and see whether it has been pro- 
perly kept ; and ascertain whether the scholars have 
supplied themselves with books and other things 
requisite for their studies ; whether the school house 
and grounds, furniture, apparatus and library are 
kept in good order: w".iother anythiiiU i.ij;.:!;;iis to 



Appohitment to he 
by 00 n tract. 



Trustee niufil visit 
school ; when. 



His duties duriii 

sUich vlaltis. 



€h. 123.] School Law. 11 

the health is suffered to remain about the house or 
grounds, and whether the school house is well venti- 
lated and kept comfortable, as the season may 
require ; and, where it is necessary, provide and 
promptly apply the proper remedy. He shall also, 
during such visits, make such examination and in- 
Ajuiry as he may deem useful respecting the studies, 
discipline and general condition of the school, and 
the conduct and proficiency of the scholars ; and give 
such directions or make such suggestions to the 
teachers as in his opinion will promote the interest 
of the school, and the health, morals and progress of 
the scholars. 



15. He shall cause the school-houses under his suaii cause sciuk*i 

^ . . . -, IT houses, <fcc.,undec. 

charge, and everythmg pertammg thereto, lobe kept ^g-|f,io^^|«j,,, 

in good order and repair, and for this purpose it shall, 

among other things, be his duty to cause proper suits 

and ])rosecutions to be instituted, in the name of the Sa^proS^'*' 

^ . . , proper suits, <£e_ 

board of education of the district, or otherwise, against 
every person who shall injure or destroy any school 
property of which the said trustee has charge, and he ^. 

11-'. o ? 2Jot to permit 

shall not, without the permission of the district board used°for any ott^ 

. purpose without 

oi education, allow said school houses to be used for^*"''"*^^^**""^^"*^- 
any other purpose whatever, except that he may allow Exception, 
said houses to be used for the purpose of holding re- 
ligious meetings and Sunday schools, equally by the 
various religious denominations that may apply for 
the same, under such regulations as to the care of 
the same as he may prescribe. The trustee shall Estimates of ir». 

, . 11 1 "^ ^ • • provements to be 

furnish to the board of education estimates of all im-f"""«^«<^t<"««i»'^' 
provements necessary to the preservation or repairs 
of buildings, grounds and furniture under his charge. 



16. The trustee of each sub-district shall keep ex- Tmstee to teep-s 

count ef e: 
and rendei 
secretary < 



. ii^n • 11 count ef expenses. 

act accounts ot all necessary expenses incurred by ^n^^ rwidersa^^* 



him in the performance of his duties, and render to 
the secretary of the board of education at or before 
their last meeting for the c irrent school year, written 
jaccounts, b}^ items, of all such expenses ; which, if the 



12 



School Law. 



[Ch. 123, 



If correct, bow paid 



"What trustee may 
purchase. 



What repairs he 
may make. 



Account for such 
purchases or re 
pairs ; to whom 
rendered and how 
paid. 



White and colored 
liersous not to be 
taut^ht in same 
schools. 



Colored schools 
when and how 
established, 



board find them correct, they shall pay by an order 
to the sheriff, drawn on the building fund of the dis- 
trict, signed by their secretary and president. The 
trustee of any sub-district may purchase fuel, water- 
buckets, brooms, coal-hods, shovels, pokers, stove 
pipes, and dippers for use in school room. He may 
make such repairs in windows, doors, benches, desks, 
floors, walls, ceilings and roofs as may render the 
house comfortable. For such purchase or repairs he 
shall render to the secretary of the board of education 
an account, which, if the board find correct, they shall 
pay out of the building fund of the district. 

17. White and colored persons shall not be taught 
in the same school, but to afford to colored children, 
as far as practicable, the benefit of a free school edu- 
cation, it shall be the duty of the trustee of ever}^ sub- 
school district to establish therein one or m^f e pri- 
, mary schools for colored persons, between the ages of 
six and twenty-one years, wdienever the number of 
such persons residing therein, and between the ages 
aforesaid, exceeds twenty-five, according to the enu- 
meration made for school purposes. The trustees of 

How .'"uoh schools 

tllfoffwooVmoretwo or morc sub-districts, whether m the same or 

.sub-districts. ,... t • , • , i* t i 

adjoining districts or counties, may, by agreement 
with each other, join in establishing a primary school 
for colored children residing in said sub-districts, and. 
ernlSgVuTh s^choois g^(3l^ scliools SO established shall be subject to the 
same regulations that are provided for the schools for 
white children in section twelve of this chapter. 

When and in what 18- Wheuover lu auy school district the benefit of 

cases the proportion „ lllj."" i. ij_j.1 it 

of school lunds for a frcc school education is not secured to tne colored 

colored children to 

i.e set apart, &c. (-,}iii(-|j.en rosidiug therein, in the manner mentioned in 
the preceding section, the fund applicable to the sup- 
port of free schools in such sub-district, whether re- 
ceived from the state or local taxation, shall be divided 
in the proportion which the number of colored children 
bears to the number of white children therein, accord- 
ing to the latest enumeration made for school purposes ; 



Enumeration ; how 
verified. 



Ch. 123.] School Law. 13 

and the share of the former shall be set apart for the 
education of colored persons of the proper age, resid- 
ing in such sub-district or district, and be applied for 
that purpose from time to time, in such way as the 
board of education of the district may deem best. 

19. The board of education of each district shall Annual eniimera- 

tion of youth; 

annually, as soon as practicable after the first day of whSm^mide^ 
June, cause an enumeration to be taken of all youth 
resident in the several sub-districts of their district 
who are between the ages of six and twenty-one 
years, distinguishing between male and female, white 
find colored ; not including persons who are tempo- 
rarily in such sub-district without the intention to 
make it their home. The enumeration, verified by 
the afiidavit of the person w^ho took the same, before 
some person qualified to administer oaths, to the 
effect that he used all the means in his power to make 
it correct, and believes it to be so, shall, on or before 
the first day of July, be returned to the board of edu- ^j^^^ ^^^j ^^^ ^^^^ 
cation, and by the secretary recorded in his office"*"™^''' 
and transmitted to the county superintendent of free 
schools. When such enumeration for any district or 
sub-district shall not be received by the county su- 

^ . If enumeration not 

perintendent before the first day of July m any year, sSntenden^by 
it shall be his duty, without delay, to employ a com- employ soSe one 

J ' «/ ' i. J to make it. 

petent person to take and verify the same as afore- 
said. In either event the person taking and verify- 
ing such enumeration shall be paid a reasonable 
compensation, to be allowed by the board of educa- compensation, 
tion, not to exceed two dollars per day for the time 
necessarily consumed, and paid by an order of said j^^^^^ p^i^ 
board, signed by the president and secretary, out of 
the building fund of such district. In either case 
the county superintendent, as soon as he receives theoonntysupei-inten 

J- p T , • , ••! iji , dent to forward 

enumeration tor any district or independent school ^faTsuperlntlV 
district, shall forward to the state superintendent of '^'"'*' 
free sshools a statement of the number of scholars 
therein. 



14 School Law. [Ch. 123. 

Of the rejwrts t^ be made. 
tt^nl^deind' 20. TliG ti'iistee of each sub-district shall make a 

wbat to contaiu j i i i i c j t i i i» i i • i- 

report to the secretary oi the board oi education or 
his district at or before their last meeting in each 
school year, setting forth, in reference to his sub- 
district, the following particulars, that is to say : the 
condition of school houses under his charge ; value 
and kind of apparatus; number of volumes in school 
libraries, and their value ; with such explanations, 
remarks and additional information as the said trus- 
tee may deem useful, or as the blanks furnished by 
the state superintendent of free schools may require. 
He shall also report the same particulars in relation 
to any schools under his charge for colored persons, 

Secretory of board 21. Tho sccretarv of the board of education to 

«f education ; his '^ 

Ji&ste^y^-''"''*^ whom the report of the trustees shall have been made 
as provided in the twentieth section, shall revise the 
said reports, and if they be found erroneous or de- 

His report to cou!- foctive, may return- them for correction. From the 

t$rsn peri nten dent, , ,' . 

^d what to con- corrcctod report and the teachers registers provided 
for in the thirtieth section of this chapter, and such 
other authentic information as he may be able to 
obtain, he shall make a report to the county superin- 
tendent on or before the twentieth day of September. 
annually, in tabular form, by sub-districts, embracing 
each particular reported to him by the said trustees' 
reports and teachers' registers, and showing the ag- 
gregate or average of each, as the case may require, 

Additional particn- for his distrlct. Aud he shall further report to the 
county superintendent on or before the twentieth day 
of September, annually, the following additional par- 
ticulars in reference to his district, for the year end- 
ing on the preceding thirty-first day of August, that 
is to say : the rate and amount of the tax levied for 
the teachers' fund and the building fund, respect- 
ively ; the amount of such taxes colic ted and placed to 
the credit of each of these funds ; the amount received 
rom the state for the teachers' fund ; the amount of 



iMTs to be reported. 



Ch. 123.] School Law. 16 

the balance in the treasury at the beginning of the 
school year for each fund; the amount of receipts 
from al] other sources and placed to the credit of each 
fund ; the amount expended for the pay of teachers, 
male and female, white and colored, respectively; 
the amount of commissions paid to the sheriff or col- 
lector ; the amount of the delinquent list returned by 
said collector ; the amount of the balance in hand at 
the close of the school year for each fund ; the 
amount expended for the purchase of sites for school 
houses, for the constructi- n and furnishing of the 
same ; for the rent, hire and repair of such property ; 
the amount expended for furniture, for apparatus, for 
interest, for the enumeration of youth and for con- 
tingencies; also, the number of volumes in school 
libraries and their value ; total receipts ; "t otal expen- 
ditures, with such explanations, remarks and addi- 
tional information as he may deem proper, or as the 
blanks furnished by the state superintendent may 
require. He shall also in like manner report all 
particulars pertaining to any colored school or schools 
in his district. For this report the secretary shall Hiscompensatioa. 

. . . . When paid, 

be allowed out of the building fund, in addition to 
his salary as secretar}^, the compensation of ten dol- 
lars ; but the board of education shall in no case 
order this sum to be paid until the county superin- 
tendent has certified to them that the said report has 
been made, and that it is correct and complete, and 
made within the the time specified in this section. 

22. The county superintendent shall receive and re- comty supennten- 

,-, , T I \ ' p •! 1 ,ij dent; his duty as to 

Vise the reports made to him asatoresaid, and see that sacb reports. 

they are in proper form and according to intent of 

law; and when deficiencies or errors are found to 

exist, shall return them for correction. From these ^. ^, „.,.,» 

' His report to state 

reports, and other authentic information he can ob-whln'm'fael^d 

^ ^ what to contain. 

tain, he shall make a report to the state superintendent 
of free schools, on or before the thirtieth clay of Sep- 
tember, annually, or as soon thereafter as possibloj 



16 



School Law. 



[Ch. 123. 



His report of ap- 
portiontaent, to 
auditor. 



Sctiool year : com- 
men cement and 
closing of. 



Beports. settle- 
ments, &c., to be 
inade with refer- 
ence tOBChlOOl 

year. 



High schools ; when 
and how estab- 
lished. 



Notice of intention 
to.estab ish ; what 
to contain. 



When and where 

posted. 



Poll; when taken 
and result ascer- 
tained. 



setting forth in reference to each district of his county, 
and for the year ending on tlie preceding thirty-first 
day of August, the several particulars mentioned in 
the twentieth and twenty -first sections, with the proper 
aggregate or averages of each for the county ; and 
shall make the apportionment, and report such ap- 
portionment to the auditor, and also rej^ort whether 
the districts have made their levy. 

School year. 

23. The school year shall commence on the first 
day of September, and close on the thirty-first day of 
August, inclusively, and all reports, accounts and 
settlements respecting the free schools of this state 
shall be made with reference to the school year. 

High school. 

24. When the board of education of any district 
deem it expedient to establish a high school, they 
shall submit the question to the voters of the district 
on the day and month of election named in section 
two of this chapter of any year, in the manner follow- 
ing, that is to say : the board shall prepare and sign 
a notice setting forth the kind of school proposed ; 
the place where it is to be located ; the estimated 
expense of establishing the same, including cost of 
site, building, furniture, books and apparatus ; and 
the estimated annual expense of supporting the school 
after it is in operation, with such other, information 
concerning it as they may deem proper ; and stating 
that the question of authorizing the establishment of 
such school will be submitted to .the voters of the 
district, at the election specified in the notice, which 
they shall cause to be posted four weeks before the 
election in at least three of the most public places in 
the district. A poll shall thereupon be taken upon 
the said question at the election specified in the notice, 
and the result ascertained in like manner as is pre- 
scribed in section two of this chapter. The ballots 



Ch. 123.] School Law. 17 



Ballots and con- 
tents tliereof. 



used in voting on the question shall have written or 
printed thereon the words "for the high school," or 
" against the high school." If it appear by the result S|e|"sa\g7o''" 
of said poll that not less than three-fifths of the voters ^'^^oo'- 
who voted on the question are in favor of authorizing 
tlio establishment of the said school, the board of 
education may then proceed to obtain the site, erect ?,][*itu?.n*fSoi 
proper buildings, nxtures and imi rovements, and 
^procure necessary furniture, booRs and apparatus for 
the said school, and to sujiport the same after it is 
put in operation ; for which purpose the board may 

i- ^ ' 1 i J Anmia] levy ill 

annually levy a tax on the property taxable in their '"'"■'""'""■*''■ 
district, not to exceed in any one ye<ir thirty cents on 
every one hundred dollars valuation thereof, accord- 
ing to the latest assessment for state and county tax- 
ation. The said school shall be under the care and 

Contiol of seboul. 

direction of the hoard of education of the district in 
which it is established. 

25. The board of education shall have ])ower to^ .. , , ^ 

1 Graded schools ; 

establish graded schools in towns, villages and Cw efirabiished,! 

densely populated neighborhoods of their respective 

districts, employ teachers therefor, and to make such 

special regulations as may be necessary to conduct 

them. But in every such case involving additional 

taxation the matter shall be first submitted to a vote ^^''jf|j;;j|,\§^^^^^^^^^ 

/>i-i 1 1x1* ilj.*i • to !)e HuJjinitted to 

(it the people, and their consent obtained as is pre-avot*^. 
scribed in section twenty-four in case of a high 
school: Provided, that no lew for a oTaded school Lew t.,. gnv-unh 
shall exceed in any one year liiteen cents on every 
one hundred dollars of valuation. 

26. In like manner, if the boards of education of„,-gi,.,^f,^^,^^^,^^. 
two or merer districts, whether in the same or differ-trIctH'i"i'iilTyVirv.,v 

establiKlied. 

ent counties, deem it expedient to jointly establish 
and support a high school, they may submit the 
question of authorizing the same to the voters of 
their districts, separately, and in the manner pre- 
scribed in section twenty-four of this chapter, speci- 
fying in the notice the amount or proportion of the ^„ ■ , 

~^_ i i iNo. ice iij such cases 



IS ScpiooL La^y. [Ch. 123. 

expense which each district is to contribute ; and if 
Three-fifths votes authoi'ized by not less than three-fifths of the voters 

necessary to estab- , - . . 

lish such school. Yoting on the question m each district, may proceed 
jointly to establish and support the said school ; and 
for that purpose the said boards may annually levy a 

Annuaiievy. ^^^ ^^^ Q^^ proporty taxablc in their respective dis- 
tricts, not to exceed in any one year the rate of thirty 
cents on every hundred dollars valuation thereof. 
The said school shall be under the care and direction* 

Directors for such Qf dircctors, to bc solccted and removed from time 

schools ; how iip- ' 

mdvld?^"'^'"''" to time in such manner as the boards of education 
concerned may agree upon, or when there is no such 

if noneappointPd agreement, under the care and direction of the board 

tbr'I'&c.'"' ''" ' Qf education of the district in which the school house 

is situated ; and the boards of education concerned 

shall from time to time prescribe such regulations- as 

the}^ may deem necessary respecting the school. 

Board of directors 27. Tlio boai'd of dlrcctors wdio have the care and 

•of such schools : 

duuer"""''""^ direction of the said school, shall appoint and may 
remove the teachers ; shall fix their salaries ; pre- 
scribe the branches of learning to be taught ; the 
time the school shall be kept open ; the ages and 
qualifications of the scholars to be admitted ; admit 
scholars from non-contributing districts on such terms 
of tuition as they may deem proper ; expel or sus- 
pend scholars when necessary ; ascertain and certify 
the expenses of the school, of which they shall cause 
exact accounts- to be kept; and prescribe all needful 
regulations respecting the school, subject, neverthe- 
less, to any regulations respecting the same that 
may be prescribed pursuant to the preceding section. 
They shall annually report, through their secretary, 

Annual report to ou or bcforo tlic tweiitietli day of September, to the 

dent. superintendent of free schools for the county in which 

the school house is situated, such other particulars 
respecting the school as the state superintendent of 

i?e"rin'tendp"r on'"" frcc schools uiay requlro ; and the county superin- 
tendent shall transmit ;]ie report, will; . . t . - ; .^iks 



feceiviui, 



Ch. 123.] School Law. 19 

and additional information as he deems proper, to 
the state superintendent. 

I *> Comity hoards of examiners. 

There shall he in every county, for the purpose ofBoardofexamiaers 

f 'J ' i i tor examining and 

examining and certifying teachers, a county board of ^ertitymg teachers. 
examiners, to be composed of the county superintend- oi^vhomcomposed. 
ent, who shall be ex-officio president, and two experi- 
enced teachers to be appointed by the presidents of when and now 

J- *- •- -■- appointed. 

the district boards of education, to be held at a meeting 
for that purpose, at the county seat on the day of the 
county court next preceding the thirty-first day of 
August of every year, at w^hicli meeting a majority of 
said presidents or any three thereof shall constitute 
a quorum. The board of examiners shall each re- 
ceive a compensation of three dollars per day for compensation of 

n 1 -1 I ' 1 ° board. 

each day actually and necessarily spent m conciucting 
the examinations, and for one day at each of the two 
stated examinations required in section twenty-eight 
of this chapter, to be spent in consultation and prepa- 
ration for their duties. This compensation shall be 
paid out of the fees received from the teachers ex- how paid, 
amined, and shall in no case exceed the amount 
thereof. 

County superintendent. 

It shall be the duty of the county superintendent pg^j,,^.g^^^;„5„g 

Ti , /. -I ^• J} • teachers; by whoni 

to collect irom every person who applies tor examma- eoneced. 

tion a fee therefor of one dollar, out of which he shall 

pay the per diem of the boardof examiners, and the to pay per diem ot- 

»■ ' -"-• examiners. 

balance, if any, he shall pay to the sheriff, to be jjo^g^^pms. it- 
placed to the credit of the distributable fund of n^g^'^^-'^'^p'^^^*^"*' 
county received from the state, and distributed with 
it, for the school year next preceding. He shall, at 

,-. T /• 1 ' 1 T 1 TIT J ii ©ounty superinten- 

the end ot each school year, make and deliver to tnedenuomaiieout 

.J ' and deliver to cleric 

clerk of the county court, .and also to the state su-stateTuper'uten'^ 

" ^ _ dent ceit iitf'1 ij.f>- 

perinteiident, a detailed and certified account of '(\iQlS\^p^i:ni;\:^^ 
iipdnes of all applicants for examination ; th'' cimoiint^^J^nt^^'i^^^^s 
of the- fees rcce'vcdby him for the same ; the amount 



20 School Law. [Ch. 123. 

paid out to the members of the board of examiners, 
and the balance, if any, placed to the credit of the 
distributable fund of the county as aforesaid. 

Soyed wiiho^ift 28. 'No teacher shall be employed to teach in any 
caU'o7quaiii/ia-"' public school of this state until he shall have pre- 

tioji, &c, ^ _ ""^ _ 

sented to the trustee, directors, or board having 
charge of such school, a certiticate in duplicate of his 
qualilications to teach a school of the grade for which 

Duplicate, where he appUos ; tho dupl Icato of wh !ch shall bellied with 
the sei retar V of any board of cducat on in the county 
m which, the seliool is situated, and so endorsed on 

No salary to be paid the Original bv tlio secretary ; and no salary shall bo 

unless dupiicale _ ■ *-^ '^ '' _ * 

^^^- paid to any teacher unless such duplicate be filed as 

aforesaid. The board of examiners shall examine 

^pSns'by Doard 6ach Candidate for the profession of teacher who may 

to teach priniaiy ijji ii- i j l l ^ 

schoyis. apply to them, as to his or her competency to teacli 

orthography, reading, penmanship, arithmetic, Eng- 
lish grammar, geography and history, if the applica- 

For higher schools, tion bo for a primary- school ; and if the application 
be for a higher school, they shall examine the appli- 
cant as to his competency to teach the additional 

Sfica?es't?bt branches required for such school ; and if satisfied of 

granted. ^^ competeucy of the applicant to teach and govern 

such school, and that he or she is of good moral 
character, they shall give a certificate in duplicate 
accordingly. The county superintendent shall keep 

granted' w be're^is- a rogistor of all cortificates aw^arded by tho board of 
examiners, stating the character and grade of certili- 

nofofc'fout^of''''"' cate and the time when issued. No certificate issued 

county, or lor more -,-,■, -, ^ . ini^» 

than one year. ^y ^ho Doard ot oxaminers shall be of force .except m 
the county in which it was issued, nor for a long'^r 
period than one year ; and the board of examiners 

re°vokedrw"e»^* 1-0 a}', upou propor evidence of the fact, revoke the 
certificate of any teacher within the county, for any 
cause which would have justified the withholding 
thereof when the same was granted, by giving ten 
days' notice to the teacher of their intention to do so. 
The board of examiners shall, at two stated periods 
in each year, agreed upon by themselves, of which 



€h. 123.] School Law. 21 



' Publ'C examination 



' board 
1 may 



they shall give clue notice, hold public examinations, at ^ 

which all applicants for certilicates shall be required 1''-^^'^'^.'''^''"'' 
to attend ; and should circumstances require it, the 
county superintendent may call extra meetings for 
the same purpose ; county superintendents and mem- 
bers of the board of examiners may be employed as Sl'^JIJamfiK^s^may y ■ 

. T . , teacii without f ' 

teachers without the certihcates required ot other '^'"*^°'"''- ) 

teachers. 

29. The followino- rearulations shall be observed, by 

. . . . , Regulations to be 

boards ot examiners m regard to examinations and ;i^^e^^^^i^yrs°"^** 
granting of teachers' certificates : First, No appli- 
cant shall be admitted to an examination unless the, ,. ,, .^„, 

Applicant to be of . 

board shall have reasonable evidence that he or she Icte^'r""""''^ '""^' 

is of good moral character and temperate habits. 

Second. 'No college diploma or certificate, or recoin- no college diploma.. 

,.„'% ., r>if« 1 &c..s'iall supersede 

mendation irom the president or faculty 01 any col-^^^^'?°^^^f„^y°^ 
lege or academy, shall be taken to supersede the" 
necessity of examination by the board of examiners, 
nor shall a certificate be granted to any applicant ^^rt^r what exami- 

^ J, -. . . ' , , , nation certiticate 

except alter a careful examination upon each branch to ^e granted. 

of study and upon the art of teaching. Third. 

Boards of examiners and others herein authorized to Teaches to be 

graded in each 

confer certificates shall state the teacher's grade of Scy" *""'*■ 
proficiency in each branch in which he is examined. 
Fourth. They shall grtide the certificates granted 
according to the following scheme, numbering thenr: 
accordino- to the merit of the applicant, from one to^ .„ ^ , ^ . 

C5 i I ' Certilicates to be ^ 

five; number three shall be assumed as the medium ^'""^®'^*^''°'^^*"^ 

, , • 1 • nn , . 1 Effect of each 

between a very good and an mdiiTerent teacher, so number, 
that the scheme will stand thus : Number one, a very 
good teacher, one accomj^lished in every respect; 
number two, a good teacher ; number three, medium ; 
number four, below medium ; and number five indif- 
ferent. A number five certificate shall never be _^^ 

Number 5 certlfi- 

granted to a teacher more than once. If, upon a sec- butVnc^e! ^''""^^ 

ond examination, the applicant is not found entitled 

to a higher grade, no certificate shall be granted in 

the county nor in any other county of the state. A 

number four certificate shall not be granted more Number 4 but twuw 



22 



School Law 



[Ch. 123. 



\^ 



Institute certili- 
cates ; when, how 
and to whom 
granted. 



Validity of such 
certiticates. 



^Vhen and how 
revoked. 



tlian twice in succession to the same applicant in the 
same or in any other county of the state. If at the 
third examination the applicant is not found entitled 
to a higher grade no certificate shall he granted. 

Institute certificates. 

Institute certificates shall he granted by the pro- 
fessors who have conducted the institute, as provided 
in the thirtieth section of this chapter, at the close of 
its session, but only to the pupils of the institute. 
They shall be in writing and signed by the professors 
granting them, and they shall be valid for one, two 
or three years, as may be designated in the certifi- 
cate, and in any part of the senatorial district in 
which they are granted : Provided, that the board of 
examiners of any county in which the teachers hold- 
ing these certificates may offer or engage to teach, 
may revoke within the limits of their own county the 
right conferred by such certificates for known neglect 
of duty, immorality, intemperance, profanity or cru- 
elty. No fees shall be charged for these certificates. 

Wormed school certificates. 

, „, , Diplomas ^ranted to students of the normal school 

:Xormal diplomas 1 o 

quaifficattonto departments of the several normal schools of this 
state, as provided in the eighty-eighth section of this 
chapter, shall be accepted as a certificate of qualifi- 
cation to teach common schools throughout the state. 
But should such diploma be at any time annulled by 
the state superintendent, it shall no longer confer the 
right to teach. 

Professional certif cedes. 

state board of ex- Profcssional certificates shall be granted by a state 

amjners; proles- 

begrLmedby^'''''*°''30''^^<^^ of exammers, composed ot three members, one 
of whom shall be the state superintendent of free 
schools, and the other two, professional teachers to 

jiowboardfurmed.be appointed by the governor. They shall examine 
any one applying therefor, and if upon such examina- 



May be annulled by 
state superinten- 
dent. 



Ch. 123.] School Law. 23 

tion he be found Mly qualified, the j shall grant him Examiuation. 
a professional certificate in proper form, engraved 
upon parchment, authenticated b}^ the seal of theeffec?."''"''''"^'''^ 
office of state superintendent, and attested by his sig- 
nature thereto, by which certificate the said teacher 
shall be legally admitted to the profession of teacher 
throughout the state of West Yirginia during his 
life: Provided, That the state superintendent shall l^aSSen-^ 

-, , (>• 1 J,- c j_ /> • Ti_ <:^ent, aud for wiiat 

revoKe such prolessional certiiicate tor immorality, cause. 

intemperance, or other good cause, when clearly 

proved ; and the board of examiners of any county, 

shall for like cause, revoke the right conferred by ' 

such certificate, v/ithin the limits of their respective 

counties. For every professional certificate a fee of Fee for certificate. 

five dollars shall be paid into the distributable school now disposed of. 

fund. 

30. Every teacher shall keep a register, in which teacher's register; 

TTii , liiij c ii I 1 What to be entered 

shall be entered the date ot the commencement andtnerein. 
termination of every term of the school ; the name 
and age of every scholar w^ho attended the school 
during such term ; the daily attendance, distinguishing 
between males and females ; the branches taught, and 
the number of scholars engaged on the last day of 
each month in the study of each branch ; and such 
other particulars as are necessary to enable the sec- 
retaries of the board of education, or directors to make 
the reports required of them. The state siiperin-j,^^^^^^.^^^,^^^^ 
tendent of free schools shall prescribe such forms and p'"^'^"'''''^- 
regulations respecting the registers to be kept by the 
teachers as shall seem- to him necessary. At the 
close of each term, the reoister thereof shall be re- pied at S or 

' o term. 

turned by the teacher to the ofiice of the secretary of 

the board of education for the district, who shall file 

the same ; and unless such register be properly keptp^j,^^jj^^^g^^^,^pp 

and returned, the teacher shall not be entitled to de-t^^a^jhirfoffeHs"' 

salary. 

mand payment of the balance due on his salary. 
• Teachers shall be paid monthly, and by orders on wneu and how 

. -^ ^ '^ teachers paid. 

the sheriiT, signed by the secretfiry and president of 



24 School Law. [Ch. 123. 

the board. AYlien any teaclicr has taught, according 

i«y wiu^re ii^. has fo liis contpact loi* one month, the trustee jor the sub- 

tocL?''''= ''" ''""' district iji which he has so taught, shall certify the 

fact to the secret.try of the district board, Avhereu])on 

he shall receive from said secretary an order upon 

the sheriii' of the county, signed by the said secretary 

and the president of the board of education, for one 

ha.Xl!fkl|ltnd month's salary: Provided, That such order shall in 

let-iuned, . . ... 

no case be given, unless the register required m sec- 
. tion thirty of tliis chapter, be first duly made out and 
. returned to the secretary. 

Hoiidaya. 31. lu coutracts with teachers, it shall be under- 

?sTepf °°^"''*'^! stood that the school is not to be kept in operation for 
ordinary instruction on the first day of January, 
fourth day of July, or the twenty-fifth day of Decem- 
ber, nor on any national or state festival, thanks- 
eftich time, how- eivino- or fast day ; but the month or time mentioned 

ever, to be com- o o j ^ 

pated. -^^ g^^^l^ contract shall nevertheless be computed as if 

c-«Js°t?f'fwen?y- ^^^^ ^^^^ days wcro included. The school month shall 
wo days. consist of twenty-two days, excluding Saturdays. 

General duties of teachers and school officers. 

, ,. ,, 32. All teachers, boards of education and other 

Duties of teachers, 

SnproSg""' school officers, are hereby charged with the duty of 

moral training, &c. .. , "^ . . ' 

providing that moral training tor the youth of this 
state which will contribute to securing good behavior 
and manners, and furnishing the state w^ith exem- 
plary citizens. It shall also be the duty of every 
Tnisteetohave school trustce to SCO that tho school house is kept 

eoUool hous!» kei)t , , . , . 11. 

maX.&c*!^'''''' clean and m good order, and that fires, when neces- 
sary, are made and kept therein, but no expense shall 
^''fi fty"centa *''"" ^^ iucurrod therefor, to exceed fifty cents per week. 

■ pec week. 

School house furniture, etc.; exemption from levy; en- 
forcement of claim. 

Buty of president ^'^- ^hc prosideut of tlie board of education of 

ftf hoards of ei!luna- l'j'i.ilii.1 x. • ,^ 

fou as to ^xamin- evory district Siiali at least once a year examine the 

tag school houses, *^ •' 

school houses and school house sites in his district, 



€h. 123.] School Law. 25 

and,rejX)rt the coiidition of the same to tlie board ; ^ 

and such as arc, in their judgment, properly located, 

and are siiirlcient, or can with i-easonablc ex[~.ensc be 

rendered so, shall be retained for the use of public 

sclioo'.s, and the remainder, with the consent of the 

.county superintendent, shall be sold at public sale,^-;il^,;ilt|'i^^^.^^*''^ 

or otherwise, by the board of education, and on such 

terms of sale as the board may order, and the pro-^o^Xt"'^'"'''^'^" 

ceeds added to the building lund: Provided, that the 

grantor, or his heirs, of any such school house site, 

shall, if he or they so desire, have the same re-con- when and how 

., . Krantor, <fec.. may 

veyed to him or them without the buddings thereon, »\^je|f^o'^?g^o^f 

{if any,) upon paying to the board of education the 

amount received by such grantor for such site ; or in 

€ase no coilipensation was paid therefor, the same 

shall be so re-conveyed free of char^'e. In case of pui-cha.ser of bmici- 

^ *■ _ _ ings to have privl- 

such re-conveyance the building on such site (if any) same°* '"*'™°^''"^ 

shall be sold as hereinbefore provided, with privilege 

to the purchaser to remove them from off such site 

in a reasonable time. This proviso shall not be con-?ci'ioo'ihonleu?tin 

^ ^ village or town. 

strued to apply to any school house lot within any 
village, town or city. 

34. The board of education of every district shall p^tipg^f boards of 

• TT 1 T ,. !• I'll' ffiiicatiiiin as to pro- 

provide bv purchase, condemnation, Jeasmo:, buildmo'vid.nKsuiiabie 

i. t L ' 7 a.:' o school houses. 

or otherwise, suitable school houses and grounds in 
their district in such locations as will best accom- 
modate the inhabitants thereof, and improve such 
grounds and provide such fiirniture, fixtures and ap- 
pendages for the said school houses as the comfort, 
health, cleanliness and convenience of the scholars 
ma;; require ; and keep such grounds, school houses, 
furniture, fixtures and appendages in good order and 
repair : Provided, that in case such boards of ecluca- 

'- _ If board cannot 

tion shall be unable to agree /upon a proper location ;^5u?,%^',i\°Sln^ 
for a school house in aiw sub-district, such location 
shall be decided by the county superintendent. 

B, /-.I ,• • !••• n'j'i i* Powers of boards of 

oards oi education m adjoinino; districts or counties adjomin- districts 

•' c or counties as to 

may jointly provide for the erection of school houses hcfusesffi?y! 



26 School Law. [Cir. 123. 

for the accommodation of adjoining portions of dis- 
tricts or counties for liigh schools, uni<)i; :3chools or 
sub-district schools, which, from local causes, cannot 
be conveniently attached to sub-districts in the dis- 
Titietosiiehhousps,tricts or counties to which they belono;. The title to 

where vested. "j <-> 

. such houses shall be vested in the board of educa- 
tion having supervision of the sub-district containing 
the greatest number of children, and terms indica- 
ting a trust for the purpose aforesaid shall be intro- 
duced into an agreement made between the boards of 
education interested. Such school houses shall be 

ium¥ure!'&c'^'"*^ provided, with furniture, fixtures, and such other ap- 
pendages as are supplied to school houses generally. 
An equitable amount shall be assessed on each dis- 
trict interested by the respective boards of educa- 

Bond required of ^ou for tlic purposo aforcsaid. Boards of education 
shall in every case require bond of all contractors 
with approved security in double the amount "of the 
contract, for building or repairing school houses. Xo 

Sil°yS'^rfil^r l^oard of education, or any member thereof, or trustee 

building, Ac, ^£ ^^^ sub-district, shall become personally inter- 
ested in any contract for building or repairing school 
houses in his or their district, under a penalty of one 
hundred dollars, to be recovered by the action of any 
person before any justice of the county in which such 

Penalty for viola- coutract Is uiado, upou proof of such contract, and 
any member of such board violating this section 
shall be guilty of a misdemeanor and fined not less 
than twenty dollars. 

Plan for building 35. 1^0 scliool housc sliall be erected unless the 
supei°ntenden°"'"^ P^^^^ theroof sliall havo been submitted to the county 
superintendent and approved by him ; and it is 
oI'LTofihousl^^''" hereby made his duty to acquaint himself with the 
principles of school house architecture, and in all his 
plans for such structures to have regard to economy, 
convenience, health and durability of structure. 

Condemnation of 3G. Wliou hiud lias becu desio'uated by the board 

land tor school '-^ "^ 

house sites. ^£ oducatiou of any district as a suitable location for a 



contractors. 



No board or mem- 



Ch. 123.] School Law. 27 

school house and the iiecessarv biiiklino-s, or for en- 
larging a school house lot, if the owner or owners re- 
fuse to sell the same, or demand a price therefor 
which is deemed by the board unreasonable, or the 
owner is afemme covert, a minor, non compos mentis, ^^^'csedings. 
or non-resident, after ten day's notice, served upon 
such owner or ow^ners, or the owner or owners being 
non-residents thereof, by publication for four vreeks ^'^^^'''^• 
in some newspaper published in the county, or if 
there be no newspaper published in tlie county, by 
posting the same for four weeks at the front door of 
the court house, and five other public places in the 
county, at least two of which shall be in the district 
and one in the sub-district in wdiich such property is Petmon for con- 
located, the board may petition the circuit or county 
court of their county to have such lot of ground con- 
demned for the use of public schools, and the court 
shall thereupon appoint a jury of viewers, to consist viewers, 
of twelve free-holders, persons not resident in the 
district within which such land is located, who being 
duly sworn faithfully and impartially to try all mat- 
ters submitted to them, shall assess the value of such 
land ; and upon due return being made of such assess- o«,t""f co™'i''°'^ 
ment, and the amount thereof being paid or tendered ^^'''^''""' 
to the owner or owners, of the land in question, or 
disposed of as the court may direct, the said board 

,,-, , iii(> TIT Vv'hen board to 

may enter thereon, and use such land tor school house ^S,f/emued''"'' 
purposes, and the decree of the court approving or 
modifying the report of the viewers, shall be recorded Decree, &c., to be 
by the board of education in the deed books of the ''"""'^^'^' 
county, in the clerk's office : Provided, That no land S.rlrplotr"'^ 
shall be taken which shall exceed in quantity one acre. ''"'"^''' 

37. All school houses, school house sites, and other Exemption from 

' execution, &G . all 

property belonging to any board of education, and'"^**"^^™^"*^- 
used for school 23urposes, shall be exempt from exe- 
cution or other process, and from lien on or other 
distress for taxes or county levies; but when jl'nvoDsh'e^ff.&^'bow 
oraer oi the ooard, upon the sheriii of the county, or 



28 



School Law. 



[Cii. 123. 



I'und f IT building 
achuol bousos, <tc., 
to be provided for 
by board of educa- 
S.on. 



Annualle^'X 
thereof. 



judgment or decree for a sum of money against the 
said board lias been ])resented to sueii sheriff vvitJiout 
obtaining payment, payment thereof ma}^ be enforced 
by the circuit couil by mandamus or an order for a 
specitlc levy on the propert}'' taxable in the district. 

Building fund; annual levy for the same. 

38. To provide school houses and grounds, furni- 
ture, fixtures and appendages, and keep the same in 
good order and repair, and to supply said school 
houses with fuel and all other things necessary for ^ 
their comfort and convenience ; and to pay the prin- 
cipal and interest of any loans made pursuant to this 
section, and all other expenses incurred in the district 
in connection with schools not chargeable to the 
"teacher's fund," the board of education shall annu- 
ally levy a tax on the property taxable in each district, 
not to exceed, in any one year, the rate of forty cents 
on every hundred dollars valuation thereof, according 
to the latest assessment of the same for state and 
county taxation. 

39. The proceeds of taxes so levied, of school houses 
and sites sold, of all donations, devises and bequests, 
applicable to any of the purposes mentioned in the 
preceding section, and of any loans that may be made 
for such purposes, shall constitute a special fund to 
be called the "building fund," to be appropriated ex- 
clusively to the purposes named in the preceding 
section. And the board of education of any district 

Board may borrow i ' i • i i? 

money on credit of ^^j^^j borrow monov for such purposes on the credit ot 
the "building fund," but such loans shall at no time 
amount in the aggregate to more than can be paid by 
a levy at the rate of twenty cents per hundred dollars 
per year for three sucessive years, on the asse*:>sed 
valuation of the taxable property of the district". 

Annual lev// for support of 2)rlmarij schools. 
Annual lev.y : wbea 40. For tlic support of tho primary free schools of 

ijjid liow mrde, and ^ ^ *^ i i i • 

amount thereof, ^j^^^j. (^ligtnct, aud ill cach independent school dis- 



Building fund ; 
tvliat coustimte*. 



-1\) what purposps 
appropiiated, 



Limitation of 
puwer. 



Ch. 123.] School Law. 29 

trict, the board of education thereof shall annually 

levy, by the authority of the people, as prescribed in , V 

section two of this chapter, such a tax on the prop- ]\4< 

erty taxable in the district as will, with the money '^ 

received from the state for the support of free schools 

be sufficient to keep such schools in operation for at 

least four months in the year: Provided, the said tax 

in any year shall not exceed the rate of tifty cents ^^^^ "''''' '^*''^*^''^'°"' 

every hundred dollars valuation, according to the 

latest available assessment made for state and county 

taxation. The proceeds of this levy, to2,'ether with 

,^ "• ' .y ' O Teachers' fund; 

the money received from the state as aforesaid, shall tJcolfslumif''^ 

constitute a special fund to be called the teachers' - 

fund, and no part thereof shall be used for any other ^^i^e appropriated 

.1 ,1 I c I 1 ^ 1 ' only to Da V salary 

purpose than the pa3anent ot teachers salaries. ^^ leaciicrs. 

Upon the failure of any board of education to Idj 

such levy as hereby required, or any other levy pro- Boara mar be com- 

'' .- 1 t/ ^ L peiled to make levy 

vided for in this chapter, they shall be compelled to vv^,™'^"'""""' • 
do so by the county court of the county by writ of 
mandamus, unless good cause be shown to the con- 
trary. 



41. If the board of education of any district agree how schoma may 

,-... Till be continutid 1 tiger 

that the schools m their district should be continued []^'^yt';^J't"'°"'^' 

more than four months in the year, or if twenty or 

more voters of the district ask it in writing, they shall 

submit the question to the voters thereof at a time 

soecified in the order thereof, wdiich order shall state Lengibo/ti/n.. to 

■'- _ ... ue stateti in order/ 

also the length of time for which it is proposed to 
continue the schools. Ballots may be used for votino- 

" . ^ Ballots ; wiiat to 

on the question on wmich may be written or printed, '^"•"^i"- 

"for months' school," for those who are in favor 

of more than four months' school ; those who oppose 
a longer term than four months may vote with a 
ballot having written or printed on it, " against more 
than four months' school." And if the proposition , . , .,,„„- 

-1- J- Majority or ail tne . 

or a longer term than four months have a majority ^o'^kuUS^v^y'^ 
of all the votes cast for and against, then the board 
may order the levy accordingly : Provided, that in 



30 School Law. [Ch. 123. 

nv.j district where a poll is held for the purpose 
Notice of eiecti.i,. herein specified, notices of such election shall be 
posted by the clerk of the board of education in at 
whattocontair. leastthrce public places in the district three weeks 
before the day of voting; and the notices shall ex- 
plicitly state the term of time for the school which is 
only one terra of to bc voted for, aud oulv one tcm of time shall be 

time to be voted ' •^ 

*"'■ voted for at any one election. The poll shall be held 

Where poll held, aud tho clcction conducted, and the official records 

tmd how elecnou ' 

mns^mad"!^ rctumed as is prescribed in the second section of this 
chapter. 

state funds not to 42. 1^0 dlstrlct, or independent school district, shall 

be drawn until levy ^ ' •- _ ^ ' 

™''''''- hereafter receive any share of the distributable state^ 

fund for free schools, in any year in which the levy 
required by the fortieth section has not been made 
in such district or independent school district ; and 

Any money distrib- , , , , t , m , i t 

ixodilmiin'n-li're^^ moucy ueretOiOre or liereaiter distributed, and 

in'^each yel"shaii uudrawii aud remaining' credited on the books of the 

form part of general ^ 

nextmst?ibutel:L audltor to auy such" district, or independent school 
district, on the thirty-first day of August, in each year, 
shall, on that day, be transferred on the books of the 
auditor to, and form part of, the general school fund 
to be next distributed. 

Assessor to deliver 43. Tlic assossor of everv assessment district, shall 

10 secretary ot ,J 7 

a°c''enmca?eshow'' malvC out aud dcUver to the secretaiy of the board of 

ing value of all pro . , . 

Srbl^fOTe'slpt.l''" education of each district and indej)endent school 
district, in his district, on or before the first day of 
September, in each year, a certificate showing the 
aggregate value of all personal property and real es- 
tate, respectively, in such district or independent 

^ruHc°ate."'"^' school distrlct, which certificate shall serve as a basis 
for any levy that may be made for school purposes 
for that year. 

,^fp^"':M^ar'°';s ^■^- Immediately upon the receipt of the certificate 
;''■ ' ' ' y mentioned in the preceding section, and of the notice 
'''■'"''- from the county superintendent as hereinafter pro- 

vided, showino; the aiiir-unt of the general sch'^^ol fund 
to which such district or independent school district 



tliyn^for. 



d secretary of 

laiiurelo 
Ciirtiiia 
clutiet 



Cr. 123.] , School Law. 31 

is entitled, it shall be the duty of the board of educa- 
tion of such district to determine the rates of taxation 
necessary for the pay of teachers and for the building- 
fund in their distnct for the school year, and report forepoi7the same 

. , to clerk of county 

the same by their secretary, to tiie clerk of the county ;;°^^^,'i,^°^',^<lLt ^„d 
court, to the county superintendent, and also to ^i^g '"""'''"''"'■ 
assessor. And thereupon it shall be the duty of the 
said assessor to extend on his books of the assessment Ster°eotiviffg°such 

report. 

for state and county purposes, the amount of taxes 
levied as aforesaid, in two separate columns, the one 

, 11,1 1 ) /• 111 1,1 ;i 1.-1T. How taxes levied 

headed "teachers iund, and the other, " building ^J4'^,"^„'^o1s"''^'*'''"' 
fund," from which extension the sheriif shall proceed shenu to conect 

-•- iiud account 

to collect the same, and shall account therefor as re 
quired by lavf. 

45. Any assessor who shall fail to make out and. penauy on assessor 

a' id seen 

deliver the certificate mentioned in the forty-third dlsSfui^ 
.section, and any secretary of a board of education, 
vt'ho shall fail to make out and deliver the certificate 
named in the forty-fourth section, shall be fined twenty 
dollars, for the benefit of the building fund of thejj^^^^^.,g^^^gg^;,^, 
district. And any assessor who shall charge on the overcharges by 

, -, , .-,,.- . . assessor. 

assessor s books, as provided m the preceding section, 
a greater amount of taxes than is due from the person 
charo'ed therewith, shall, in such case, if the over- if inadvertent, to 

. be lined double the 

charge be inadvertently made, be fined double the teTtimVs the'""'' 

amount, and if wilfully made, ten times the amount 

of the overcharge ; one-half thereof to be applied to 

the benefit of the building fund and the residue to Ks^o/I^a^^^d 

the informer. The fines provided for in this section 

may be recorded on motion of any citizen of the dis- how recovered. 

trict or sub-district, in which such delinquency of the 

assessor or secretary shall occur, or in which the 

property overcharged may be ; and said motion may 

be, on ten day's notice, made before any justice of 

such district. 

It shall not be lawful for the board of education of Liquation of the 

,.. ., - -. -,,. . powers of boards of 

any district or independent scnool district, to contract ^<Sor'!or"ex"end 

I' 1 * jlI I ' 1 school mone^ ■. in 

lor, or c ::;-rncl, in tu^y year, more than 1.;- aggregate any one yem. 



32 



School Law. 



[Ch. 123, 



Ab t incai-iing 
any deb I. 



When tru'stee or 
b rar<1 of educaci*'!! 
iiirlividually 
respiiiisible foj' 
ODii tracts niaUeby 
them. 



Sheriff or collector 
to collect and 
disburse all .school 
money. 



To give special 
bond. 



Penalty of bond. 



When court may 
cliange bond. 



To keep two ac- 
counts. 



amount of its quota of the general school fund, and 
the amount collected from the district or independent 
school district levies of that year, together with any 
balance remaining in the hands of the sheriff or col- 
lector at the end of the preceding year, and such ai- 
rearages of taxes as may be due such district or inde- 
pendent school district. K'or shall such board incur 
an J debt to be paid out of the school money of any 
subsequent year, for any other purposes, or in any 
other manner than is provided for in section thirl}'- 
nine of this chapter. 

If any trustee or board of education shall make 
any agreement for the employment of a teacher, or 
for any other object concerning free schools under 
their charge, so as to occasion thereby the aggregate 
of the just claims against the board of education of 
the district or independent school district, in any 
year to exceed its aggregate receipts as aforesaid, for 
such 3'ear, such board of education or trustee shall be 
individually responsible to the teacher or other per- 
son with whom such agreement is made. 

46. The sherilT or collector of the county shall 
collect and disburse all school money for the several 
districts and independent districts therein, both that 
levied by said districts and that distributed thereto 
by the state. He shall be required by the county 
court to give therefor, in addition to his bond as col- 
lector of the sta.te and county taxes, a special bond 
with approved security, in a penalty equal to double 
the amount which will probably come into his hands 
for school money, which bond it shall be the duty of 
said court to change from year to year, as the increase 
of the amount to be collected and disbursed b}^ said 
sheriff or collector may require. He shall keep his 
accounts with the several boards of education of 
each district aad independent school district ; one of 
money belonging to the teachers' fund, and the other 
of money belonging to the building fund, and shall 



Ch. 123.] School Law. 33 

credit every receijot and charge every disbursement 
to the proper account. He shall pay out no money 

-*- ^ . i .y 1/ How money paid 

standing to the credit of the board of education, ex- °"'^y '''"^■ 
cept upon an order signed by the secretary and pres- 
ident thereof, specifying the sum to be paid and the 
fund to which it is to be charged ; or upon a certified 
copy of a judgment or decree against the said board, 
for a sum of money therein specified, or upon an order 
of the county superintendent as provided in section 
eia:ht of this chapter. . He shall, on or before the first Annual a.ettiejjQent. 

'--' -*- _ when and witl> 

day of September in each year, settle with the iboard'"'^"''' "'''''''• 

of education of each district and independent school 

district, in which settlement he shall be charged with clkV'^gl'd'^f.Kh 

■ 1 i.ijj.i ^ 1 ^ f 1 • 1 1 what to l/'j (.letiited, 

the amount oi the general school iund received by 
him, and the amount of taxes levied by the board of 
education upon the property of the district or inde- 
pendent school district for the teachers' fund and the 
building fund, and for any other moneys received by 
him during the preceding year on account of the''free 
schools of such district or independent school district, 
and he shall be credited with the amount of delin- 
quent taxes of such district or independent school 
district that have been duly returned by him and 
certified by the clerk of the county court to such 
board of education. He shall also be credited in 
such settlement with all vouchers produced by him, 
if found to be correct by the board of education, and 
he shall receive no other credit, except his commis- 
sion, as hereinafter provided ; but if he shall pay out,,, 

-*- ' It/ It be pay out more 

more money in any vear on account of the teachers' Xuh^errnmuhSn 

,, ,.,-. ,*'- 1111 ^^ receives, to 

tand, or building Iund, than shall have come to hisj^^^e^e^e."?'''''''^'* 
hands during said year, he shall, in said settlement, 
receive no credit for such excess. He shall receive 

, To receive no pay 

no pay tor the disbursement of any school money. scboLfmouef. 
If he fail to account for and pay over, as required by 

i- 'J ^ 1^ -J Remedy agai n^, 

law, any money which maj come to his hands, or forpij'^o^iff^^irtfor 
which he is liable, judgment may be recovered there- ^^'«''»^''''" 
for against him and his securities with interest and 
*3 



u 



School Law. 



[Ch. 123. 



Rotiirn ot de 



Form rpqnirc'd f.ir 
real estate. 



ten per cent, damages, and upon the failure of such 
sheriff to honor any proper draft which may be 
drawn by the said board of education upon him, judg- 
ment upon motion therefor may be obtained before 
any justice of his county, or before the county or 
circuit court thereof, he having had at least ten days' 
notice of the motion. 

])eJinqi(ent lists; sale of delinquent lands for district 

levies. 

47. The delinquent lists for district levies shall be 
returned, and real estate sold therefor as as herein- 
after provided. Such lists of delinquent lands shall 
be in form or in substance as follows : 

" List of real estate in the district of , in the 

county of — — , delinquent for the non-payment of 
school taxes thereon, for the year ." 



Naiiio of pprfiiiii. 







f— 


tn 4^ 












c'2 










































.a o 










<« 


s ° 


3 fi 


^ 


3 


c . 


ci 


C 


■° ° 

to O 


» c S 


3 


a 
















^" 


W 


c 


fi 


P 


H 


« 

















Form required for Tlic deliuqueut llsts of pcrsoual propcrty shall be 

personal property. . •!, pit 

m lorm or m substance as loUows : 

" List of personal property in the district of , 

in the county of , delinquent for the non-payment 

of district taxes thereon, for the year ." 







=- . 


















o p-c 




































^ &S) 


a 


•c 










Name o: 


pia-sor. 


^ c '^ 
o x 






AVliy 


leturiicd 


(leliiii|iieiit 








fr- 


CH 


P5 










« 











Ch. 123.] School Law.- 35 

And the sheriif or collector returning such list path to be sui>- 
shall at the foot thereof subscribe the followina; oath : ^"'"^'^ ^° ^'^'^' 

" I; A B , sheriff (deputy sheriff or collector) Form of. 

of the county of , do swear that the foregoing- 
list is, I verily believe, correct and just; and that I 
have received no part of the taxes for which the real 
estate (or personal property, as the case may be,) ^ 

therein mentioned is returned delinquent, and that I 
have used due diligence to find property within my 
county liable to distress for said taxes, but have 
found none." 

48. The said lists shall be presented to the county Lists to be pre- 

,,,-i« . •,! ,in sented to couiitv 

<?ourt at their term m the- month of court; when. 

in every year, and the same shall be examined, 
corrected and certified to the auditor and a copy court to correct 

•l «' and certify to 

of the list of real estate to the assessor, who shall, '*'''^'*°'' ' 

1. i.1111 1 ,^ • I -'^Iso a copy of list 

m preparing his next land book make the required ^*]geai^fiate to 
correction. The original lists shall be preserved by Duty of assessor. 
the clerk of the county court in his office, and theo^"^f^5^^i'f,'^^to,be 
amount of the same, allowed by said county court, td ce^r™fied\o"°'^' 

. -, ^ ^ board of education^ 

shall be certified by the clerk of said court to the 
board of education of the proper district. 

49. The auditor shall include the taxes so returned ^ . , .. 

Duiy of auditor fn; 

delinquent in his lists to be furnished the sheriff for deitnqueuVt^es. 
sale for other delinquent taxes. 

50. There shall be a lien on all real estate for theLienonaureai 
district levies assessed thereon from the time of such levies and intwest; 

from what tune. 

assessment in such year, and interest upon such levies 
at the rate of six per cent, per annum from the twen- 
tieth day of January in the year following that in 
which the assessment is made until payment. 

51. A copy of the list of personal property re-i^eimquentiistor 
turned delinquent for the non-payment of district ^ob^°p^'^°^«^d°^y** 

-I ± i/ clerk in hands of 

levies shall be placed by the clerk of the county court «'?>«"'' '°'' •'°"''^- 
in the hands of the sheriff or collector for collection, 
to be collected and accounted for by him in the same ^eounfin^r! ''""^ 
manner as for levies originally placed in Lis hands 



Commission of 
sheriff. 



36 School Law. [Ch. 123. 

witbin what time, for collectioii ; and he may collect such levies by dis- 
tress or otherwise, at any time within two years after 
they are so placed in his hands. 

Commission for collecting district levies. 

52. Every sheriff or collector shall be allowed such 
commission as is prescribed in the general law^ regu- 
lating sheriffs' or collectors' commissions. He shall 
wurcOTmy cotTc* also make annual settlements, by districts, with the 

when. _ ' ./ 7 

county court at its next term after the first of Sep- 

What settlement ,■. c ^ ^ • j.j*ii 

must show. tember oi each year, showing amount oi all moneys 

received and disbursed by him for the preceding year 
for school and building purposes from the state fund, 
and from the district and independent school district^ 

of'reco^d byTerk' aud tlio auiount due to each district ; which settle- 
ment shall be made matter of record by the clerk of 
said court in a book to be kept for that j^urpose. 

Election of count y silver intendent. 

County Buperinten- 53. A couutv Superintendent shall be elected as i& 

dent ; election of. . f> i • i ' 

When to take prcscribed m section two of this chapter, on the sec- 

^''''^' - ond Friday in August, in eighteen hundred and 

seventy-three ; and on the same day and month every 

, two years thereafter. His term of office shall com- 

<;ommencement of 'J 

term of office. meuco ou tlio fii'st day of September next succeeding 
Hewiongtocon- liig elcctiou, aud continue for two years, and until his 
successor shall be elected and qualified according to 
law : Provided, that the term of office of county su- 
i' liS'"in\^8"3. perintendents elected in eighteen hundred and sev- 
enty-three, shall commence on the first day of Janu- 
ary, eighteen hundred and seventy-four, and continue 
till the thirty-first day of August, eighteen hundred 
and seventy-five, inclusive, and until their successors 
are elected and qualified. 

HTis character and 54. Hc shall \)Q a persou of good moral character,, 

ciuallflcations, , i i • , (•!•> • l i 

of temperate habits, oi literary acquirements, and 

skill and experience in the art of teaching. His com- 

compeosation. pgnsation shall not exceed three hundred dollars in 



tinue. 



Provision as to 

«ou 

dent 



How audited and 

allowed. 



€h, 123.] School Law. 37 

.any one year. To every account for services made Account forser- 
out by him lie shall append his affidavit that for the 
number of days therein charged he was actually and 
necessarily employed in the discharge of his official 
duties. When such account is audited and allowed 
by the county court, the clerk of said court shall re- 
})ort the same officially to the state superintendent of 
free schools, who shall pay the same by his order drawn ^°'^^''"'' 
upon the auditor in half yearly installments. But 

7 11111 1 i-iii J Not to be paid until 

no such pavments shall be made until the county tie makes reports t» 

-i " "J stale superinten- 

superintendent has made reports required of 1dm ](3y'ie°^«*8'«i'^"e<i- 

this chapter to the state superintendent of free 

schools. The same shall be paid out of the state nSidaud°imou*nt 

fund, but the amount thereof shall be deducter' by tor, .fee 

the auditor from the amount next to be distributed 

to such coiintv. He shall, before enterino* upon the Bond and coadi- 

'■' ' . tious thereof. 

duties of his office, execute a bond conditioned ac- 
cording to law, before the clerk of the county court 
of his county, in the sum of five hundred dollars, 
with approved security, upon which bond he shall be 
liable in anv. court havino; jurisdiction, to any person his liawiiues 

"^ ~ •' . tliereon. 

or persons, or to any district board of education for 
losses sustained by reason of his neglect or non- 
performance of duties imposed by this act. Said 
bond shall be filed in the office of the clerk of the ^here aied. 
county court, who shall within five days certify to the 

'J ' xi >J ^ Clerk to certify to 

state superintendent of free schools the name of said^'e1uname\?flSch 

. 11' , pf 11 superintendent and 

county superintendent and his post omce address : p"it^°i'^,yhafumeV 
Provided, that county superintendents elected under pr«vfsion as to 

" ^ ^ _ county superintend 

provisions of former acts shall continue in office until f^^rmwacts!'^ '''"*^' 
their successors shall have been elected and qualified 

^ How long to con- 

under this act, and they shall receive the same com- ^'"''*'" ''^''®* 
pensation for their services, and in the same manner Their salary. 
;as is provided for county superintendents in this act. 
Vacancies in the said office shall be filled by the pres- vacancies in omce ; 

• 1 I i? J.1 1 1 _£? 1 i* • J.1 i. and for what time, 

idents 01 the boards oi education in the county, a 
maj ority being present ; for which purpose the clerk 
of the county court shall notify them to meet within 
ten days after such vacancy shall occur. Such ap- 



38 School Law. [Ch. 123. 

pointments shall be for the unexpired term, or until 
a successor has been elected and qualified. 

Visits Of county su- 55. Tho couuty superintendent sh all visit the schools 

perintendent to .-,.,. , ,, , , i i • i 

schools, withm his county, at least once, at such time as he may 

^en and how ^l^em uccessary aud proper, and note the course and 

^ctfon^with su?h method of instruction and the branches taught, and 

o;ive such directions in the art of teachino', and the 

method thereof, in each school, as to him shall seem 

necessarjT- or expedient, so that uniformity in the 

course of studies and methods of instruction employed 

shall be secured, as far as practicable, in the schools 

of the several grades, respectively. He shall acquaint 

himself, as far as practicable, with the character and 

condition of each school, noting any deficiencies that 

may exist, either in the government of the school, 

the classification of its scholars, or the method of 

instruction employed in the several branches, and 

shall make such suggestions, in private to the teacher^ 

orally or by writing, as to him shall appear to be 

necessary to the good order of the schools and the 

progress of the scholars. He shall note the character 

and condition of the school houses, the sufficiency or 

insufficiency of their furniture and fixtures, and shall 

make such suggestions to the several district boards 

of education as in his opinion shall seem conducive 

to the comfort and progress of the scholars in the 

several schools. 

3?titiesofconniy ^^ shall bc tho duty o? the county superintendent 
superintendent. ^^ ^^^ ^^^^ teaclicrs lu all i:>ro]3er efforts to improve 

To aid teachers to . , . . . - 

sSvesJ*" *''™'' themselves m their profession, i^or this purpose he 
Encourage county sliall eucourao'C tlio formatioii of county institutes for 

iustituies. ^ ■'^ ^ ^ 

mutual improvement ; shall attend the meetings of 

of'such'instumesf ^ such iiistitutes wlieuever practicable, and give such, 

fnsmfctTon!&e^ advlcc aud instruction in regard to their conduct and 

management as in his judgment will contribute, ta 

their greater efficiency. In connection with the su- 

TJnion institutes to periiitendents of adjoining counties, each county su- 

*ie encouraged, &e. ■'- i n ' j} ' ' 

perintendent shall encourage the lormation oi union 



Ch. 123.] School Law. 39 

institutes ; shall attend and participate in the exer- 
cises of the same, as far as practicable ; and shall use 
all proper means to improve the efficiency of the 
teachers, and to elevate their profession. He shall Must conform to 

-,- . J . . /» T instiiictionsoi State 

at all tunes contorm to the instructions or the state s"pei-intendent.j 
superintendent of free schools, as to the matters 
within the jurisdiction of the said superintendent, 
and shall serve as the organ of communication be- J °commuuicatfo"i. 
tween him and the several district boards of educa- 
tion. He shall distribute from his office all blanks, ^o distribute an 

1 • /I 1 T 1 1 J 1 • blanks, &c. 

circulars, copies ot sciiool laws and other communi- 
-"ations from the general superintendent to the sev- 
eral boards and persons entitled to receive the same. 

56. In addition to the report mentioned in the ^^^j^^j^ai report of 
twenty-second section, it shall be the duty of thedenfjpltatTsVeT- 

'J ' ♦' intendent; what 

county superintendent to make out and transmit to *°°°'''^'''* 
the state superintendent of free schools a detailed 
report of the condition and character of the schools 
within his county, noting all deficiencies and sug- 
gesting their remedies, with such remarks upon the 
operation of the school laws as his experience and 
observation may suggest, pointing out wherein he 
considers them as deficient, and what amendments 
are required to render them efficient. He shall also 

, itj'i 1 p-iij 1 i To report failure t 

report such districts as have tailed to make returns make levy apa 

J- enumeration ol 

of the enumeration of youth as required in the nine-^'°"'^" 

teenth section of this act; and also those districts 

that have failed to make the levy required in section 

forty.. It shall be the duty of the county superin- to keep record ot 

'-' ■J ■u L all his proceedings; 

tendent to make in a well bound book to be kept fort^f^^c^jflrlindali 
the purpose, a record of all his proceedings; of all 
certificates issued by the board of examiners, and of 
all reports made by him ; which book shall be thetobepropmyol^" 

-*■ '■' office. 

property of the office. 

Sdwol officers not to act as agents for hookseUers, etc. ; 
school books to he used. 

57. Ko school olicer, or teacher of any free school, ^°acfSent'ft!J-*''' 

1111 J.J? J.1 1T111 booksellers. &c,. or 

shall act as ae:ent lor any author, publisher, book- be interested many 

'-' «^ _ ' ■•- ' contract In rela ■ 

seller, or other person, to introduce or recommend *'°'^'°^°°'^^- 



40 



School Law 



[Ch. 123. 



proviso as to avi- 
tlior's, ^o.. aad 
mercliaiits. 



Class books to be 
used i a schools 
Bpecified. 



the use of any book, apparatus, furniture, or other 
article whatever, in the free schools of this state, or 
any one or more of them, or directly or indirectly 
contract or receive any gift or reward for so introduc- 
ing or recommending the same, nor shall such person 
be otherwise interested in the sale, proceeds or profits 
of any book or other thing used, or to be used in said 
schools : Provided, That nothing herein shall be con- 
strued to apply to any book written, or thing invented 
by such person, or merchants who in connection with 
their business may desire to sell school books or other 
things used in schools, provided ■ the same are em- 
braced in the prescribed series. 

58. The following series of class books shall be 
used in the free schools throughout the state, viz : 

Reading, Spelling, Elocution. — McGuffey's INTew^ 
Revised Readers ; McGuifey's IN'ew Eclectic Spelling 
Book ; Kidd's Elocution and Vocal Culture. 

Mathematics. — Ray's Arithmetics ; Ray's Test 
Examples ; Ray's Elementary and Higher Algebra ; 
Evans' School Geometry f'T beginners ; Robinson's 
New Geometry and Trigonometry ; Robinson's Sur- 
veying and JSTavigation ; Robinson's Progressive 
Table Book. 

Geammar. — Harvey's Grammar; Kerl's Treatise 
for High Schools. 

Geography. — Knote's Geography of West Vir- 
ginia ; Mitchell's New Revised Geographies ; Cor- ' 
nell's Outline Maps ; Guyot's Physical Chart ; White's 
Class Book of Geography for Examinations; Les- 
sons on the Globe — Mary How^e Smith. 

History, Natural Science, etc. — Goodrich's 
Common School History ; History of the United 
State s — Holmes ; Natural Philosophy — Comstock ; 
Philosophy of Natural History — Ware and Smilie; 
Rhetoric — Blair; Chemistry (new edition) — You- 
man's ; Geography of the Heavens — Burritt ; As- 
tronomy (Elementary) — Robinson; Geology — Dana; 



use of text booiis 



teacher tor viola- 
ting i^rovisions of 
section . 



When officer or 
teacher liable on 



Ch. 123.] School Law. 41 

Mineralogy — Dana ; Botany — Gray ; Anatomy and 
Physiology — Cutter; Dictionary — Webster. ^ 

It shall 1)0 the duty of the coun+y superintendent ^^,\\"[j|Xrce the' 
to enforce, by all proper means, the use of the text preswib^d 
books, which may be prescribed as herein provided, 
and to see that no others are introduced; and if any Fine imposed on 
teacher shall violate the provisions of this section, he 
shall be subject to the fine prescribed in the fifty- 
ninth section of this chapter. 

Mne for violai'mg any of the ])Tovisions of tlds chapter. 

59. If any officer or teacher fail to perform any 

ij. •ii?1*ij.l'l L •tj_ teacner iiaDie 01) 

duty required ot him by this chapter, or violate any bond for violating 

'^ i- %i L I t/ provisions of act. 

provision thereof, and there.is no other fine or pun- 
ishment imposed therefor b}^ law, he shall be fined 
not less than three nor more than ten dollars for ^"^o""^* of ^"''' 
every such offense, to be recovered before a justice of ^""^ """'''^'■^^' 
the peace of the county ; and such fine shall not im- ^It^'^^^^i/lSidt^of 
pair or affect his liability for damages to any person affe^ctldif/iiue? 
injured, nor the liability of himself and sureties on 
his ofiicial bond. 

If the board of education of any district or inde- p?naity ?." "oard of 

^ or education for 

pendent school district fail to perform any (Juty''*'^^'"''''*''^"*''- 
required by this act, each member of such board shall 
be liable to the full penalty imposed by this section, 
unless he show that he was not guilty of any neglect 
or default in the premises. 

Annual distribution by the state for support of free 

schools. 



60. For the support of free schools there shall be^^ 



The peueial 
school fund ;" froim 
what sou 
deri^od- 



a state tax levied annually of ten cents on the one what sources 
hundred dollars valuation on all the real and personal 
property of the state, which, together with the interest 
of the invested school fund, the net proceeds of all 
forfeiture, confiscations and fines which accrued to the 
state during the previous year, the proceeds of the 
annual capitation tax, dividends on bank stock held 



42 



School Law. 



[Ch. 123, 



To wbat purpose 
applied. 



Distribution of 
In what proportion 



What to be de- 
dr.cted. 



"When and how 
paid. 



by the board of the school fund, and the interest ac- 
cruing on stock invested in United States bonds, shall 
be set apart as a separate fund to be called " the gen- 
eral school fund," and shall be annually applied to 
the support of free schools throughout the state, and 
to no other purpose whatever. It shall be distributed 
to the several counties in the state in proportion "to 
the number of/ youth therein, according to the latest 
enumeration made for school purposes ; but the auditor 
shall first deduct therefrom the aggregate salary of 
the state superintendent of free schools, and the nec- 
essary traveling and contingent expenses of his office, 
together with such other sums as may be required to 
be paid by him out of the general school fund. Fifty 
per cent, of this distributable sum shall be paid on 
the fifteenth day of October, and the remainder on 
the fifteenth of January, of each year, and in the 
manner provided in the sixty-first section of this, 
chapter. 

Auditor to notify 61. It sliall bc tlic duty of the auditor, on or before 

state superinteu- ,ir»ii c c\ i i • i i l ' 

fobl^st^hf-ZT-''^^'^^ ^^^'^ ^^^J ^^ September, m each year, to ascertain 
^^^'^' the amount which is distributable among the several 

counties as aforesaid, and notify the state superin- 
tendent of free schools thereof, who shall thereupon 
ascertain the proper share of each county and notify 
the auditor and each county superintendent of the 
same ; observing to notify the county superintendent, 
also, of the amount deducted by the auditor from the 
share of his county on account of salary paid the 
county superintendent, as required by section fifty- 
four, which amount the county superintendent shall 
also deduct from the share of his county before mak- 
ing his distribution of the same among the several 
districts thereof. Upon receiving such notice, the 
county superintendent shall ascertain the proper share 
of each district and independent school district in his 
county, according to the number of youths therein, 
and give notice to the board of education of each dis- 



Doty 01 state 
superintendent. 



Duty of county 
superintendent. 



Ch. 123.] School Law. 43 

trict and independent school district in the county of 
the amount of the state fund due to each, respectively, 
and that the same cannot be drawn by them until 
they have made the levy required by the fortieth 
section of this chapter. 

62. Upon being officially notified by the secretary how state fu.ui 
of the board of education in the manner provided secretary of board 
for in the forty-fourth section of this chapter, that s«perint^endent 
the board of education has authorized the levy for ''''®" '''"''■ 
school purposes, the county superintendent shall issue 
his requisition on the auditor, payable to the order of S?nto"?eliu' 

, X ./ sitlon on auditor. 

the sheriff of his county, for the amount due such 
districts as may have made the levy aforesaid, in two 
equal instalments, payable on the fifteenth day of„ ^, . 

-L ^ ± t' «/ Payable in two 

October and January, respectively; whereupon the'"'^"''''"^""^"'^"*^' 

,. -,.^. -. Ill • Auditor to issne his 

auditor shall issue his warrant upon the treasurer m ^varram. 
favor of the said sheriff for the amount of such re- 
quisition, indicating in writing upon said warrant the 
depository upon which the same shall be drawn, and 
the treasurer shall thereupon be authorized and re- 
, quired to draw his check upon the said depository for 
the said amount. The requisition of the county su- 
perintendent shall be in form or in substance as 
follows : 

Office of the Countv Superintendent of Free Schools, Form of requisition 

^' of county superiu- 

county, , 187 — . ''"^^®"*- 

Auditor of West Virginia : 

Pay to the order of , sheriff of county, 

dollars, being the amount of state school fund 

apportioned to the district (or independent school 

district) of ■ in said county, for the year 187 — , 

authorized to be drawn on the fifteenth day of , 

187 — . It is hereby certified that the said district 
(or independent school district) has made the levy 

for school purposes required by section •, chapter 

code of West Virginia, and that the sheriff^ of 

the county has given the security required in section 

of said chapter. 

, county suj^erintendent. 



Term ©f olnoe. 
His character and 



44 School Law. [Ch. 123. 

State super inteiident of free schools. 

!ltaYo"be%Ve«ed. ^^- TIierG sliall be elected a state superintendent 
of free schools for the state whose term of office shall 
be the same as that of the governor. He shall be a 
fuaimcSs-"""^ person of good moral character, of temperate habits, 
of literary acquirements, and skill and experience in 
the art of teaching. He shall receive annually the 
saiarr. suui of ouo tliousaud five hun.dred dollars in payment 

for his services, to be paid monthly out of the school 
fund upon warrant of the auditor. If in the perform- 
To be re-imbur»eti ance of any such dutv imposed upon him bv the 

for expenses. ^ *^ . " " 

legislature, he shall incur any expenses, he shall be 
reimbursed therefor ; provided the amount does not 
exceed five hundred dollars in any one year. 

His rasidenee. (34. Tlie statc Superintendent shall reside and keep 

his office at the seat of government. He shall pro- 

To provide a seal, vldc a scal for lils offico, and copies of his acts and 

how' aufhenucl°ted' decisions and of papers kept in his office, authenti- 
cated by his signature and official seal, shall be evi- 

2a\'!fduoXsciZ1dence equally with the original. He shall sign all 
requisitions on tbe auditor for the payment of money 
out of the state treasury for school purposes, except 
as hereinafter provided. 

His duties in 65. The state superintendent shall be char^^ed with 

general. ^ _ ^ *-' 

Has supervision of the supcrvlsion of all county superintendents and 

cendemsami'^free" freo scliools of tho stato, aud see that the school svs- 

tem is carried into efi'ect. He shall prepare and 

TO give instructions transmit to the county superintendents instructions 

how to conduct tke '■ ^ 

fn'fhlrchfp?ef ""how to conduct the elections prescribed in this chap- 
To koPD and trans- tcr, to koop aud trausmlt the official records and bal- 

mit official records ' ••■ 

thereof. I^^g thercof, and the manner of ascertaining and an- 

Mannerof ascer- • , -i i, r. n 

nouS'reauTt.&c.^c»uncing tho rcsults, SO as to conform the same to the 
provisions of this chapter, and also to such provisions 
of the general election laws of the state as may not 

j-repare fornw. hc iuconsistont therewith; he' sliall prescribe and 
cause to be prepared all forms and blanks necessary 
in the details of the system, so as to secure its uni- 
form operation throughout the state, and shall cause 



Ch. 123.] School Law. 45 

the same to be forwarded to the several county super- 
intendents, to be by them distributed to the persons 
entitled to receive the same. He shall cause SLS^^uoon^ws^na 

J?j-l"1i. li.1 111 • forms and instruc- 

many copies oi tins chapter and other scnooi laws mtions annexed to be 

, . . prepared and dis 

force, with such forms, regulations and instructions ^"'"'^^'^' 
as he may judge expedient, thereto annexed, to be 
from time to time published, as he may deem expe- 
dient, and shall cause the same to be forwarded to 
the county superintendents, to be by them distribu- 
ted to the persons entitled to receive them. 

66. It shall be theduty of the state superintendent I'o perfect the 

^ J- system. 

to aim at perfecting the system of free schools as es- 
tablished in this state, and for this purpose it shall 
be his duty to correspond with educators and school 
officers abroad; to acquaint himself with the various conate t4ie results 

f p 1 ^ I 1 T 1 1 • 1 T°^ other countriesj 

systems ot tree schools established m other states and 
countries, to collate their results as exhibited in the 
reports of their several superintendents, and to use 
all efforts necessary to enable him to render available 
to the purj^oses of the legislature, the combined re- 
sults of the experience of other communities with his 
own experience and observation. He shall acquaint 
himself intimately with the peculiar educational wants asnearaa°po*s^Dit^ 

•^ ^ ecinal and unitorm 

of each section of the state, and shall take all proper I'ifsut'e?'''^"^''' 
means to supply them, so that the schools shall be as 
nearly as possible equal and uniform in grade through- 
out the state. He shall acquaint himself with the to acquaint him- 

^ self with the difler- 

different systems and methods of instruction which meiSofTsfruc. 
may be introduced among educators, and shall ex- 
plain and recommend such as experience and sound 
principles of education may have demonstrated to be 
valuable ; and it shall be his duty to endeavor to ^ , 

' 'J ^ "^^ To rendftr available' 

render available to the i^eople of this state all such i^e^s^t^fmSf'free 

schools, and the 

improvements m the system of free schools, and the uonf&i"^"'^'™''" 
method of instruction, as ma}^ have been tested and 
proved by the experience of other communities. 

67. He shall, on or before the first day of January, ^nnaai report to- 

' tJ t/ ' govuraor ; what 

of each year, make a report to the governor, to be by ^"^ '^''**^"^ 



^.. 



46 School Law. [Ch. 123. 

liim transmitted to the next regular session of the 
legislature, in regard to the condition of free schools 
within the state, embracing all statistics compiled 
from the reports of the county superintendents, and 
such other authentic information as he can procure, 
which will be necessary to give a proper exhibition of 
the working system, together with such plans, as he 
may have matured for the management and improve- 
ment of the school fund, and for the better and more 
perfect organization and efficiency of free schools ; 
and likewise all such matters in relation to his office 
and to free schools as he may deem expedient to 
communicate. 

Auditor. 

school fund : an- 68. Tlic Ruditor shall annually, before the first day 

nual report of audi- *" 

tor as 10 condition of JSTovember, dclivcr to the governor and the state 
superintendent of free schools, each, a report, made up 
to the first day of September next preceding, of the 
condition of the school fund, with an abstract of the 
accounts thereof in his office, which report the gov- 
ernor shall lay before the legislature at its next regu- 
lar session. 

Board of the schoo ()9. Tho ffovemor, state superintendent of free 

fund; of whom O ' ' 

composed. gchools, audltor and treasurer shall be a corporation 

under the name of " the board of the school fund," 

Their control of aud shall havo the management, control and invest- 
ment of said fund, under the fourth section of the 
twelfth article of the constitution. The governor 
shall be the president of the board, and in his ab- 
sence the board may choose one of their number to 
preside temporarily in his place. The auditor shall 
be the secretary of the board. A faithful record shall 
be kept of all their proceedings, and a copy thereof, 

evi'dlnce"'''°* ^"^ Certified by the secretary of the board, shall be evi- 
dence in all cases in which the original would be. 

Meetin,.r hoard; 70. A mcctiug of t'nc board maybe held at any 
time upon the call of aiiy member thereof, ] Kjvided 



fund 



Who to aet in his 
absence. 



Secretary. 



Record of proceefl 
ings. 



when 
held and l. 
called. 



Ch. . 123.] School Law. 47 

notice be given to all the members who may be at 

the seat of government. The auditor's office shall 

be the place of meeting, and the proceedings shall bepj.Q^gg^^i„„^.,3y 

signed by the president and secretary of the meeting '''""'''''^"''''' 

for that day, and shall be open to inspection at all oi'*"" ^° '""1'®'"''°"- 

times. 

71. All money which ought to be paid into the Moneys due fund; 

, ' ,., />! 1 1,. Tin liow recovered. 

treasury to the credit ot the scnool lund shall be re- 
coverable with interest by action or motion before 
any court having jurisdiction, and the auditor shall 
institute and prosecute said action or motion when 
thereto directed by the board. 

72. The board may appoint agents for the collec- Board may appoint 

p I 1 , 1 • 1 ,1 • 1 agents to collect, Ac 

tion ot debts or clamis, and authorize them to secure 
payment thereof, and protect the interests of the 
school fund, on such terms as it mav ai^prove. They 

■•'-'--'- «^ Bond of agent. 

shall take bond from said agent, if any mone}^ is to 

come into his hands; and any agent sellino- lands, how agent may 

' ^ ~ ' execute deeds to 

when directed to do so by the board, shall execute a^^"'*'''^^'^^^'^'™- 
deed, (with the resolutions giving such directions 
thereto annexed,) conveying to the purchaser by 
special warranty. Said agent may be allowed by the 

T 1 1 • , 1 • • rt Compensation ; how 

board a compensation not exceeding, m any case, five p^^^d. 
per cent, on the money actually j)aid into the treasur}^ 

State school fund ; hoio invested. 

73. All such sums as have accrued, or shall here- .-The school lumi,' 

n, J. xl • j_ j_ ^ ii 1 how created and 

alter accrue to this state, trom the several sources *rii^.I^hat.somces 

enumerated in the fourth section of the twelfth article 

of the constitution, shall be set apart as a separate 

fund to be called "the school fund," and it shall be 

the duty of the auditor to ascertain from time to time Duty of audi 

what sums have so accrued, or may hereafter accrue, 

and to pass the same to the credit of said fund ; and 

it shall be the duty of the board of the school fund Board to invest 

•^ ' fund. 

from time to time to invest the same in the interest 
bearing soeurities of the United States, or of this 
state, or otherwise, as provided for in said fourth 



derived. 



tor as 
to such fund. 



48 School Laav. [Ch. 123. 

section of the twelfth article of the constitution. And 

Board to sell invest- it sliall bO tllC dutV Of Sald board to sell an}^ invest- 
ments made in ,.1 11^1 !• 

?ha"tS'now ments on account of the school fund now made m 
invest!'^"''" '^" other securities than those required in said fourth 
section of the twelfth article of the constitution, and 
invest the proceeds thereof in the interest bearing 
securities of the Uuited States, or of this state, or 
otherAvise, as provided in the constitution aforesaid, 

.Auditor to be ac- 74 TliG audltor shall be the accountant of the 

countani of board. 

board, exercising any of their powers, except that he 
shall not, without special authority, entered upon the 

His power, rccords of thcir procecdings, dispose of any property 

or invest any money of the school fund. He shall 

Securities for iilaco thc sccuritics in which said school fund is in- 

monev vested: j^ji^v^-^ -^ ^ 

wheretpbedepos- ^.^g^^j^ jj^ ^^^^^^ dcposltory for safo keeping as the 
Howmoneypaid ^oard shall dlrcct. All money belonging to the 
i?easur"y'!°''' °' school fuud shall bc rccoivod into and paid out of the 
Warrant not issued trcasury upou tho warraut of the auditor. But no 
^b^Td""^''""^^ warrant for paying out such money shall be issued 
without the authority of the board. 

City of Wheeling ; certain tmvus, etc. 
School laws in force 75 ^N^othinff lu thls chaptcr shall alter or affect the 

respeelingfree ' o x 

&c^.?ani"n^?pen^°^ laws uow ui forco respcctlug tho free schools in the 

dent school dis- „ , • , , 

bycMer!'^''''*'"^ clty of Wheeling and the parts of districts connected 
therewith ; nor shall anything in this chapter be con- 
strued as abolishing any independent school district 
heretofore created, or as affecting any right or priv- 
ilege conferred upon them respectively in the acts of 
the legislaturt! by which they have been created ; 

Exception. cxcopt SO far as such right or privilege may be incon- 

sistent with the provisions of this chapter, in wiiich 
independent school districts are speciiically'included. 

Who eligible to In the independent school districts of Wheeling and 

office ot superin- ^ • i ■• i i n 

ofwheVi?nganf ' MoundsviUc none but practical educators, who shall 
Moundsvuie, j^g^yg \^^^[ j^t loast thrco years of practice as teachers 

in graded schools, shall be eligible to the office of 

superintendent. 



^ to remain at 
Morgan towji. 



revisions as to 



Ch. 123.] School Law. 49 

West Virginia University. 

76. " The ao-ricultural collep^e of West Virginia," lo- Agricultural eoi. 

»^ ci O 7 lege to remain at 

cated and established in pursuance of the act passed 

February 7, 1867, entitled "An act for the regulation 

of the West Virginia agricultural college," shall be 

and remain as so established and located ; and all 

the provisions of said act, except so far as the game^'"''"'''^"^""^^"' 

may be altered by this chapter, shall remain in full 

force and eifect to the same extent as if this act had 

not been passed. 

77. The name of said college shall hereafter be the Name of changed 
"West Virginia University," by which name it shall ^uive^sity"^'"'* 
have and hold all the property, funds, investments, property, &e., to be 
rights, powers and privileges now had and held '^'^™^"° ^' 
under the name prescribed in the above recited act. 

78. For the government and control of the said Board of regents: 

.,,1 TTiT 1 1 i> • how composed, ap- 

University there shall be a board of regents consist- ^'''"'^'''^ ^'^'^ '^'^'"^^"' 

ing of one person from each judicial circuit, to be 

appointed by "the board of the school fund," to be 

called the regents of the " West Virginia University," 

and as such they may sue and be sued, and have a 

common seal. Any three of the said regents shall ^"o™"^- 

constitute a quorum for the transaction of business, 

except that for making arrangements for the erection 

of buildings or the permanent alterations thereof, or 

the appointment to or removal from office of profes- 

sors, the concurrence of a majority of the regents 

shall be required. Vacancies in the said board shall vacancies; how 

be filled by "the board of the school fund" as they 

oc€ur. 

79. The fund derived from the sale of United Funds donated by 
States land warrants which have been donated to thisf^i^^t;^^^' 
state, for the purpose of endowing an agricultural 

college, shall be invested by the governor in a loan 
of public stocks of the United States, or otherwise, 
as required by congress for the use and benefit of the 
said university. 
*4 



50 School Law. [Ch. 123. 

Powers and duties 80. Tho boai'cl of regoiits shall from time to time 

ot board of regents. ,11-1 ii r* -t • 't 

establish such departments oi education m literature, 
science, art, agriculture and military tactics as they 
may deem expedient, and as the funds under their 
control may warrant, and purchase such materials, 
implements and apparatus as may be requisite to 
proper instruction in all said branches of learning, 
so as to carry out the spirit of the act of congress 
aforesaid, approved July second, eighteen hundred 
and sixty-two. And they shall also appoint a super- 
intendent who shall have general supervision and 
control of the property and interests of said univer- 
sity during the vacation of said board. 
Rules, regulations 81. Tlio Said board shall establish and declare such 

and by-laws. . 

rules and regulations and by-laws, not inconsistent 
with the laws of this state or of the United States, 
as they may deem necessary for the proper organiza- 
tion, the tuition and good government of said univer- 
sity and the jDrotection of the public property belong- 

bo'lfa°L'l\'?eTsure°r'? ing there to ; they shall appoint a treasurer, taking 
bond from him with ample security, and conditioned 
for the faithful keeping and disbursing of such money 
as is herein or may be hereafter appropriated, and 
such other money as may be allowed by said board 
to come into his hands from time to time ; they shall 

annulilr'''''"'" also scttlo wlth hlui annually, or oftener if they think 
best; inspect annually all the property belonging to 

Kipoit to governor, said uulversity, and make a full report of the condi- 
tion, income, expenditure and management of said 
university annually to the governor, to be by him 
laid before the legislature. 

Preparatory de- 82. Tlic board shall liavo power to create a prc- 

partment, ^ ■*■ ■•■ 

paratory department to said university, and estab- 
lish any other professorships than those indicated 
heretofore, if the same be deemed essential ; to fix 
Salaries of profess- tho salarlos of tho scvoral ]3i'ofessors and of the su- 
teudeut. "^'"" " perintendent, and to remove them for good cause; 
Their removal. |^^^|. ^^ ^^^^ ^£ reiiioval tho coucurrence of a majority 
of the regents shall be required, and the reasons for 



When vacancies 
fillpdlrom state at 



Ch. 123.] School Law. 51 

a removal shall be communicated in a written state- 
ment to the governor. 

83. Besides prescribinsr the e'eneral terms upon Further powers of 

1 , ■, -, . regents as to admis 

which students may be admitted, the course of their '*'*° °^ ''^'''''^• 
instruction, and the kind and duration of their ser- 
vices, (which duration shall not exceed five nor be 
less than two years,) the said regents are still further 
empowered to admit as regular students or cadets 
of said university from each judicial circuit in the 
state, three or four, and not more than four, young- 
men, who are not less than sixteen nor more than 
twenty-one years of age, to be appointed by the re- 
gents of said judicial circuit ; the admission in each 
case to be made upon undoubted evidence of a fair 
moral character. But should no application be made 
from any said judicial circuits, then the vacancies may I'a'rge 
be filled from the state at large. 

84. The cadets admitted under the provisions of Privne-es of cadets 
the preceding section shall be entitled to all the privi-'"* 

leges, immunities, educational advantages and benefits 
of the university, free of charge for admission, tuition, 
books and stationery, and shall constitute the public ^o constitute pub- 
guard of the university and of the public propfirty 
belonging thereto ; a sufiicient number and quantity 
of ordnance and ordnance stores, and camp and gar- Arsenal. 
rison equipage, which shall be kept in the arsenal 
belonaina: to the institution. And the professors and ,,,^ „ ^„ , , 

O o JL Who liable for safe 

the students of the university receiving instruction j^ ^^p^p'^ig^f '*'«"'' 
military tactics and the art of war, shall be individu- 
ally and collectively responsible for the preservation 
and safe keeping of all arms and camp equipage 
belonging to said institution. 

85. All reasonable expenses incurred by said re- Expenses of re- 

,., . ^ . . gents ; bow paid, 

gents m discharging the duties hereby imj)osed upon 
them, (not, however, including wages or per diem 
compensation,) shall be allowed by the governor and 
paid out of the treasury of the state, in like manner 
as other sums are drawn therefrom: Provided, how- 



52 ' School Law. [Ch. 123. 

eA^er, That such expenditures shall not exceed five 
hundred dollars per annum. 

When and how 86. Thc presldcut, board of regents and faculty 

uate^" ' "'''^ ^ may graduate any student of the university found 

(after proper examination) duly qualified, and shall 
Diploma. certify the same by affixing the seal of the university 

to his diploma. 

West Virginia State Normal Scliool. 

Btate.ormai school 87. Tho "Wcst Virginia state normal school," estab- 
rn'coiiegl?'"" lished under and by virtue of the act passed Febru- 
ary twenty-seventh, eighteen hundred and sixty- 
seven, entitled "An act for the establishment of a 
state normal school," shall be and remain at Marshall 
college, in the county of Cabell, as provided in said 
Provisions as to act I aud all the provisions of said act, and of all 
other acts in relation thereto, shall be and remain in 
full force, except so far as the same may be altered 
by this chapter. For the government and control of 
said school there shall be a board of regents, consist- 
ing of the governor, state superintendent of free 
schools, auditor and treasurer, together with one per- 



laws relating to 



Board of regents. 



Governor to appoint ' 



^^'"*'^' son from each congressional district of the state, to 

be appointed by the governor, who shall be called "the 
How called. rcgcuts of tlic stato normal school," and as such may 
May have common }i a ve a commou soal, sue and be sued, plead and be 
impleaded, contract and be contracted with, and take, 
Their power?. hold and posscss real and personal estate for the use 
Exchange of land of Said scliool ; aud may exchange so much of the 

to cliange boundary i , , i i t i j_i f> ^ j? l.^ 

pSrpo*^e''s?"''^"' ^^'"^^ estate now held by them lor such use, lor other 
real estate owned by the central land company of 
West Virginia, as may be necessary to conform the 
boundar}^ lines of the real estate so held and to be 
held by them, to the avenues, streets and alleys of 
the city of Huntington, and execute and receive the 
proper conveyances therefor. Any such conveyance, 

hSw^eiecuted?"" ' executed by and in the name of "the regents of the 
state normal school," and acknowledged on behalf of 
said regents by the state superintendent of free 



Ch. 123.] School Law. 53 

schools, shall be valid and eifectual to pass to the 

grantee therein all the title of the state to the real 

estate conveyed thereby. The transfer and convey- JoVellll^Ll'^nllt 

ance by the board of supervisors of Cabell county of 

the lands and buildings of Marshall college to the 

regents of said school, heretofore appointed, is hereby 

accepted, confirmed and le^'alized. But in case the when property to 

■»- ' ^ revert to Cabell 

said school should at any time hereafter be removed ^^''^^^J- 
from the said Marshall college, the said property so 
conveyed shall revert to and be vested in the county 
court for the use of the said county of Cabell. 

88. The regents appointed by the governor as Regents appointed 

T VI 111,1' on 1 • 1' 1 by governor; term 

aforesaid, shall hold their omce during his pleasure. °^"^^«<'^- 
The said school shall be under the iieneral super- Regents to control 

, scbool. 

Vision and control of the said regents. 1 hey shall 

have full power and authority to adopt and establish ?ufe''s*'andl^''gi.Ta-^' 

such by-laws, rules and regulations for its government 

as they may deem necessary and proper to effect the 

object of its establishment, not inconsistent with the 

laws of this state. They shall fix the number and ^x the number 

.. fill 1 in 11 S'lid compensation 

compensation oi the teachers, and others to be em- of teachers. &c. 
ployed therein, and appoint and remove the same ; mSve\°he%"am'eT 
prescribe the preliminary examination of pupils, and „ 

■1- -•■ 'J i. L ' Prescribe terms and 

the terms and conditions on which they shall be re^TS^^nlerl'."'' 

. •, , . ceived, &c. 

ceived and instructed msaid school ; the branches of branches taught. 
learning to be taught in each department thereof ; 
and shall determine the number of pupils to be re- f^^^f j'j™^«^i'"«^.«'^- 
ceived into the normal department of said school, upon^wSatTaV 
froin each county or judicial circuit of this state, con- 
forming as nearly as possible to the ratio of popula- 
tion therein, and the mode of selecting them. The 
pupils admitted into the normal department of said privueges.'^&a'"' 
school shall be admitted to all the privileges thereof, 
free from all charges for tuition, or for use of books 
or apparatus; but every such pupil shall pay for all 
books lost by him or any damage done by him to 
such books or apparatus ; and any pupil in said school 
may be dismissed therefrom by said regents or by 
the executive committee, subject to the approval of 



5i 



School Law. 



[Ch. 123. 



Diplomas to atu- 
dems In normal 
department. 



Pay departmant. 



Who admitted 



Branches tawght. 



Professorships 



Maj' mak» rules 
and regulatioia-l'or 
said department, 
&c, 



School to be known 
AS •' Marshall Uol- 
lege," 



Executive oommlU 
tee to be appointed 
by regents. 



Their powers and 
duties. 



Report of to regents 



the regents, for immoral or disorderly conduct, or for 
neglect or inability to perform his duties. The state 
superintendent of free schools shall prepare suitable 
diplomas to be granted to the students of the normal 
department of said school, who have completed the 
course of study and discipline prescribed by said re- 
gents. The said regents may establish a pay depart- 
ment in said school, whenever the accommodation 
thereof will admit of the same, and may admit into 
such department so many paying students as can be 
accommodated therein from this or any other state, 
giving the preference to citizens of this state, whether 
they desire to become teachers of schools or not. 
They may cause to be taught in the said department 
of said school, all or any of the branches of learning 
usually taught in colleges and seminaries, and for 
that purpose may establish therein the necessary pro- 
fessorships. They may also make all the necessary 
rules and regulations for the government of the said 
department, and prescribe the tuition and terms of 
admission therein. The said school shall continue 
to be called and known by the name of "Marshal col- 
lege." 

89. The said regents shall appoint three intelligent 
and discreet persons, residents of the county of Ca- 
bell, who shall constitute an executive committee for 
the care and immediate management and control of 
said school, subject to the rules and regulations pre- 
scribed by the regents. Said committee shall (sub- 
ject to the control of said regents) designate the per- 
son to take charge of the boarding department of 
said school and fix the price to be paid for board 
therein. They shall from time to time make full 
and detailed reports to said regents of the condition, 
working and prospects of said school, and shall do 
and perform such other duties in relation thereto as 
the said regents may from time to time prescribe. 



Gh. 123.] School Law. 55 

Branch of the State Normal School at Fairmont. 

90. The branch of the state normal school estab-fj-^n^^at^a^'ij^ont 
lished at Fairmont under and in pursuance of the ^'*''^' 
act passed March fourth, eighteen hundred and sixty- 
eight, entitled "An act providing for the purchase of 
the West Virginia normal school at Fairmont," shall 
be and remain at that place, and all the provisions of 
said act shall remain in full force, except so far as provisiona as to 

, ■"■ rs, ' 1 I'urnaer laws In 

the same may be altered by this chapter. Said '*^^"°" ^°- 
school shall be under the jurisdiction and control ofTobeunderjuns- 

" , diction of regents. 

the regents of the state normal school in the same 
manner and to the same extent as the state normal 
school at Marshall colleo'e. ' 



&' 



Branch of State Normal School at West Liberty. 

91. The branch of the state normal school estab- branch at w^at^^ 
lished at West Liberty, under and in pursuance of ''^^''**^*^'^*" 
the act passed March 1, 1870, entitled "An act to 
establish a branch normal school at West Liberty, 

in Ohio county," shall be and remain at that place, 

^ ' ^ Provisions of form* 

and all the provisions of said act shall remain in full^^.^^*^'" '^«'""<*'* 
force, except so far as the same may be altered by 
this chapter. Said school shall be under the juris- ^o be under juris- 
diction and control of the regents of the state normal '^'*'"°" **^ "gents, 
school, in the same manner and to the same extent 
as the state normal school at Marshall college. 

Branch Normal School at Glenville. 

92. The branch of the state normal school estab-^ra^chatdieiivme 
lished at Glenville, under and in pursuance of the act 

passed the nineteenth day of February, 1872, entitled 
*' An act to establish a branch normal school at Glen- 
ville, in Gilmer county," shall be and remain at that place™""" ^^^^'^^ 
place, and all the provisions of said act shall remain p^^^jgi^^goff^j^, 

• /■IIP I c n iii.1 er laws as to said 

in lull lorce, except so tar as the same may be altered school. 
by this chapter. Said school shall be under the juris- jurisdiction over 
diction and control of the regents of the state normal reg''e^^s* " "^ 
school, in the same manner and to the same extent as 
the state normal school at Marshall college. 



^6 School Law. [Ch. 123. 

Branch Normal Scliool at Shei^lierchtown. 

herXown.^'"'" 93. TliG braiicli of the state normal school estab- 
lished at Shej^herdstown, under and in pursuance of 
the act passed and approved February 14, 1872, en- 
titled "an act to establish a branch normal school at 
Shepherdstown, in the county of Jefferson," shall be 
To^remain at that ^^^^ remain at that place, and all the provisions of 
F/syif^r,'."/ *""J'"' said act shall remain in full force except so far as the 
same may be altered by this chapter. Said school 
shall be under the iurisdiction and control of the re- 

To be under j^ris- " 

rllems."^''^^^'' gcuts of tho stato uomial school, in the same manner 
and to the same extent as the state normal school at 
Marshall college. 

To ])roMbit dealings ivWi students. 

Lending to, or 94. If auy money be lent or advanced, or anything 

HHHI'^'r'o^'"' ^6 sold or let to hire, on credit to or for the use of any 
^'^'*^*^' student or pupil under twenty-one years of age, at the 

West Virginia university, the West Virginia state 
normal school or any of its branches, or any incor- 
porated college in the state without the previous per- 
mission in writing of his or her parent or guardian, 
or the president or principal of such institution, 
nothing shall be recovered therefor, and there shall,- 
v°Jil1k)"r^*" moreover, be forfeited to the state twenty dollars, and 
the amount or value of such thino-. When such sell- 

When principal or _ ^ ^ '^_ 

aKeniiiabie, ^^-^g^ letting, lending or advancing is by an agent, such 
forfeiture shall be by his principal, unless the princi- 
pal shall within ten days after he has knowledge or 
information of the selling, letting, lending or ad- 
vancino- srive notice in writino- of the date, nature 

What notice must .o^cj cj 

'^'"'^- and amount thereof to the president or other head 

To whom given. _^^ ^|^^ institutiou, in which case the forfeiture shall 
Expectauonof in> ^« by tho agcnt. Thls section shall not apply to a 
5fo''Si\on u'nu- ])crson sellinG,' or letting^ in expectation of immmediate 

lice be given to ^ '^ . . 

proper pei-suii. paymcut, If he shall, within ten days thereafter, give 
notice in writing of the date, nature and amount of 
the sale or letting to such president or head. 



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